Full text of "The Calvert papers"

See other formats

X:^^

A/]

':'-i?v LIBRARY
ST. MARY'S COLLEGE OF MARYLAND
ST. MARY'S CITY. V^^]'^ ^m POf^fiA

hlJ^i^

' MASCHI PAROLE *,

>^^

SfunD-'^ublicaiion^ QlTio. ^A.

THE CALVERT PAPERS

NUMBER TWO.

SELECTIONS FROM CORRESPONDENCE.

JaliimorB^ 1894*

PEABODY PUBLICATION FUND.

Committee on Publication.

1894.

HENRY STOCKBRIDGE,
BRADLEY T. JOHNSON,
CLAYTON C. HALL.

Pki.vted by John Murpht & Co.

I'RINTEKS TO THE MARYLAMD HISTORICAL SOCIETY.

Baltimore, 1894.

THE CALVERT PAPERS

NUMBER TWO

^^k-'

INDEX TO LETTERS.

PACE.

Bladen, Thomas, to Charles, Lord Baltimore, 92,95,97, 111

Calvert, Benedict, to Secretary Calvert, - - . . 261

Calvert, Benedict Leonard, to Charles, Lord Baltimore, - 68

Calvert, Cecilius, to Samuel Ogle, 124

Calvert, Cecilius, to Edmond Jennings, - - - 132, 163

Calvert, Cecilius, to Benjamin Tasker, - - 140, 147, 162, 187

Calvert, Cecilius, to Rev. Thomas Bacon, . . . . 174

Calvert, Cecilius, to Edward Lloyd, 179

Calvert, Cecilius, to Daniel Dulany, - - - - - 192
Calvert, Cecilius, to Frederick, Lord Baltimore,

199, 201, 206, 209, 213, 220, 221, 224

Calvert, Cecilius, to Horatio Sharpe, - - - 248, 259

Calvert, Charlks, Lord Baltimore, to Philemon Lloyd, - 28

Calvert, Frederick, Lord Baltimore, to Samuel Ogle, - 124

Calvert, Frederick, Lord Baltimore, to Rev. Thomas Bacon, 178

Calvert, Frederick, Lord Baltimore, to Horatio Sharpe, 255
Dulany, Daniel, to Charles, Lord Baltimore,

101, 105, 107, 108, 116

Dulany, Daniel (the younger) to Secretary Calvert, - 227

Hyde, John, to Hugh Hamersley, 188

Lloyd, Philemon, to Co-Partners, - - - 1> 25, 29, 54

Ogle, Samuel, to Charles, Lord Baltimore, - - 81, 88

Sharpe, John, to Edmond Jennings, 121

Tasker, Benjamin, to Charles, Lord Baltimore, 100, 103, 110, 113

Tasker, Benjamin, to John Browning, - - 114, 117, 118

Tasker, Benjamin, to Secretary Calvert, . . . - 198

JNDEX TO NAMES OF PERSONS.

Adams, Eev., 176.
Addison, Col., 53.
Amherst, Sir William, 205.

Bacon, Eev. Thomas, 174, l'78, 232,

262.
Baker, Mr., 113.
Ballen, Mr., 247.
Baltimore, Lady, 175, 178.
Beake, Mr., 78, 79.
Beal, Mr., 110.
Bedoe, Mr., 91.
Belcher, Mr., 213.
Bennett, K., 40, 59, 60, 72, 181, 122.
Bevis, Dr., 209, 210, 216.
Birchfield, Mr., 42.
Blackiston, Sir M., 216.
Bladen, Thomas, 95, 103.
Blakiston, Capt., 95.
Bonmoetgie, M., 205.
Bordley, Mr., 50, 85, 102, 103, 112,

114, 231,249.
Boughton, Mr., 211.
Bouquet, Col., 252.
Brerewood, Charlotte, 146.
Brerewood, Thomas, 146.
Brice, Mr., 247.
Brooke, Richard, 230.
Brooks, Dr., 158.
Brown, Mr., 25, 26.

Browning, John, 96, 145.
Browning, Louisa, 207.
Bryant, Richard, 180.
Budd, S., 186.
Burton, Capt., 54.
Bush, Mr., 202.
Bute, Earl of, 199.
Byron, Lord, 254.

Calvert, Benedict, 263.

Calvert, Benedict Leonard, Ld. Bal-
timore, 143.

Calvert, Benedict Leonard, Govr., 29,
81, 82.

Calvert, Caroline, 200, 204, 207, 208,
212, 216, 220, 226.

Calvert, Cecilius, Ld. Baltimore, 74.

Calvert, Cecilius, 29, 122, 162, 163,
178, 186, 200, 252.

Calvert, Charles, 3d. Ld. Baltimore,
56, 65, 74.

Calvert, Charles, 85.

Carroll, Charles, 39, 40, 60, 89.

Carroll, James, 60.

Carroll, Dr., 94.

Chadworth (Chaworth), Mr., 254.

Cheston, Daniel, 186.

Chew, Samuel, 90, 118, 189, 198.

Chitwind, Mr., 101.

Clark, Dr., 212.

vii

Vlll

Copson, Mr., 30, 32, 33.
Corbett, J., 150.
Crabb, Henry Wright, 186.
Crayley, Mi-s., 212.
Cresap, Thomas, 108, 110.

Dallam, William, 186.
Dallinger, Mr., 213, 217.
Darnall, Henry, 40, 189.
Davison, Dr., 34, 36, 37, 43.
Deake, Thomas, 29.
D'Haussonville, Count, 205.
Digges, John, 90, 189.
Digges, William, 189.
Dulany, Daniel, 85, 94, 97, 100, 111.
Dulany, Daniel, (the younger) 187,

188, 192, 227, 247, 248.
Dulany, Walter, 249.

Fairfax, Thomas, Lord, 110.

Faudrier, Mr., 33.

Franklin, Benjamin, 231, 233, 234,

250, 254.
Frasier, Capt., 112, 118.
Friers, Baron, 213, 221, 224.

Gage, Gen., 252.

Gale, Col., 94, 97.

Geist, Christian, 33-38, 43, 44, 45.

Goldsborough, Charles, 183, 260.

Gordon, Gov., 90, 91.

Grassen, Benjamin, 150.

Grenville, George, 208.

Griffith, Mr., 33, 37, 43.

Grove, Silvanus, 186.

Hales, Mrs., 226.
Halifax, Earl of, 208, 252.
Hamersley, Hugh, 158, 187, 188, 192,
209.

Hammond, jdordecai, 189.
Hammond, Philip, 94.
Hammond, William, 189.
Hanbury, John, 115, 150, 186, 198,

207, 210, 213, 214, 222, 225.
Harford, Hester, 216, 217, 220, 222,

226.
Harris, Mr., 176, 209.
Harrison, Richard, 188.
Harrison, Samuel, 188.
Hart, Gov , 47, 75.
Heath, James, 41, 47-53.
Heron, Mr., 202.
Herrman, Augustine, 53.
Holdernesse, Earl of, 129, 160.
Holliday, Mr., 186, 247, 251.
Hooper, Mr., 260.
Hoxton, Capt., 88.
Hyde, John, 45, 78, 87, 151, 187, 188,

192.
Hyde, Samuel, 187, 188.

Janssen, Sir Abraham, 212, 217,

226.
Jennings, Edmond, 92, 93, 96, 100,

120, 121,163.
Johnson, Sir William, 252.

Keith, Sir William, 27, 30, 39, 41,

53, 59.
Key, Mr., 247.

Langford, Mr., 225.
Larkin, Mr., 102.
Lawson, Mr., 91.
Lee, Mr., 111.
Lee, Sir George, 129, 160.
Letton, Capt., 42.

Lloyd, Philemon, 78, 79, 83, 96, 175,
178, 207.

Loe, Philip, 189.

Logan, James, 63, 67, 68, 108.

Logan, Sir William, 63.

Lowe, Henry, 30, 37, 43, 47, 49, 78.

Lowe, Nicholas, 150.

Lyon, Mr., 202, 204, 21], 222, 223.

Lytelton, Sir Richard, 212.

Mackall, Col., 83.
Macnamara, Mr., 30, 91.
McCurley, Mr., 110.
Mann, Capt., 33, 38, 42.
Mason and Dixon, 209, 249.
Mudge, Mr., 115.
Murphy, Capt., 45.
Myer, Bartholomew, 157, 172.

Northey, Sir Edward, 89.

RoclifF, Mr., 110.

Ross, Mr., 85, 94, 181, 227.

Rousby, Mr., 91,96, 111.

Russell, Capt., 68.

Ryder, Sir Dudley, 236, 237.

Sewall, Mr., 114.

Seymour, Governor, 74.

Sharpe, Dr., 217.

Sharpe, Horatio, 227, 228, 258, 260.

Sharpe, John, 121, 139. 158, 171, 172.

Sing, Mr., 25, 26, 27.

Snowden, F., and R., 157, 161, 172.

Spencer, Capt., 42, 59.

Stanhope, Sir William, 212.

Steel, Capt., 1 62.

Steuart, George, 181, 260.

Stone, Mr., 99.

Ogle, Samuel, 92, 94, 97, 100, 156.
Onslow, Speaker, 123, 129, 130.

Paris, Mr., 139.

Penn, Richard and Thomas, 27, 84,
88, 98, 101, 102, 127, 128, 134, 136,
139, 159, 165, 166, 209, 210, 212,
223, 225, 241.

Penn, William, 133, 134.

Plater, Mr., 115.

Pratt, Chief Justice, 202.

Prince William Henry, 199.

Proby, Mr., 212.

Proudfoot, Mr., 211.

Provost, Mr., 222.

Pye, Mr., 158.

Rawlinson, Mr., 86.

Riddlyden, V., 33, 34, 36, 37, 43, 44.

Roach, Mr., 25, 26, 27.

Talbot, George, 60, 61, 66, 198.
Tasker, Benjamin, 100, 103, 162, 168,
170, 171, 172, 181, 187, 188, 249.
Ternay, Mr., 205.
Thomas, Mr., 1.18.
Thomas, Philip, 151, 182, 189.
Thomas, William, 151.
Thompson, Mrs., 34, 36, 43.
Tilghman, Col., 53, 182, 185, 247, 248.
Treby, Sir George, 236, 237.

Vanbebber, Mr., 53.
Vanburkloo, Capt., 198.

Wall, Capt., 92.

Warde, M., L., 37, 38, 44, 45, 46, 86,

184.
Watson, Henry, 189.
Wilkes, John, 219, 254.
Wolstenholme, Dr., 157, 172.

PREFACE.

This, the second vohime of the Calvert Papers, contains
selections from the correspondence in the years 1719-1765.
The parties to this correspondence are :

Charles Calvert, fifth Lord Baltimore and fonrth Proprie-
tary. Died, 1751.

Frederick Calvert, sixth Lord and fifth Proprietary. Died,
1771.

Cecilius Calvert, brother of Charles, fifth Lord ; acted for
his nephew, Frederick, as Secretary for Maryland, and appar-
ently as general factotum. Some of the letters from him are
originals, and others are copies made by his clerk and headed
with an abstract of the contents.

Benedict Leonard Calvert, brother of Charles, fifth Lord.
He was Governor of the Province in 1726, and died 1732.

Benedict Calvert, of Mt. Airy, a son of Charles, fifth Lord.
He was Collector of Customs for the Patuxent district.

Caroline Calvert (frequently mentioned in the correspond-
ence) was sister to Frederick. She married Governor Ro.bert
Eden.

Philemon Lloyd, of Talbot Co. Born, 1672; died, 1732.
He was Councillor, Secretary of the Province, 1 706 ; Judge
of Land Office, 1716.

Edward Lloyd, of Talbot Co, Councillor and Receiver
General for the Proprietary. Died, 1776.

Xll

Samuel Ogle, of Anne Arundel Co., Governor in 1732 and
1746. Died, 1753.

Daniel Dulany, of Anne Arundel Co., Councillor and Judge
of Prerogative Court. Died, 1753.

Daniel Dulany (the younger) was Councillor and Commis-
sary General. Died, 1797.

Benjamin Tasker, of Anne Arundel Co., Baltimore's Agent
and Receiver General, President of Council, 1744, and acting
Governor, June 9-October 3, 1753. Died, 1768.

Thomas Bladen, of Anne Arundel Co., Governor, 1742 ;
resigned, 1746.

Edmond Jennings, Councillor and Judge of the Land Office.
Left the Province in 1753.

Horatio Sharpe, Governor from 1753 to 1768.

John Sharpe, brother of the Governor, and one of the guard-
ians of Frederick during his minority. The other guardian
was Speaker Onslow.

John Browning, brother-in-law to Frederick, having married
his sister, Louisa Calvert,

Rev. Thomas Bacon, rector of St. Peter's Parish, Talbot
County, and afterwards of Frederick County. Edited the
first complete collection of Maryland laws.

Facing page 135 will be found a facsimile of the fraudulent
map prepared as evidence in the dispute between Baltimore
and the Penns to determine the boundary. An agreement
having been reached that the southern boundary of Delaware
(originally included in the Maryland charter) should be the
latitude of Cape Henlopen, the Penns had a map prepared in
which the name of Cape Henlopen was placed more than twenty
miles south of its real position as given on Herrman's map
and all the maps before and since. Primitive as this device

Xlll

was, it was successful. The court of chancery accepted the
map, and the line was run as the Penns wished it, after which
Cape Henlopen returned to its original position. Our copy is
taken from a careful pen-drawing on parchment. With it are
two impressions from the engraved copy, one of which bears
this indorsement :

Philadelphia, 20"^ Oct' 1740

llo

Chancery

Between John Penn, Thomas Penn, and Rich"? ^

Penu Esq^ Compl'^

and
Charles Calvert, Esq! Lord Baltimore in the

Kingdom of Ireland, Def'

The within Map or Exhibit marked No. A was shown to
Joseph Wood, Wra. Peterson, Tho' James, John Rambo,
Elizabeth Morris, Saml Hollingsworth, John Musgrave, John
Teague, and Samuel Preston on their Exaicon as witnesses on
the part of the Defend' at the Execution of a Comicon for
Examining Witnesses in this Cause in Pennsylvi^ & the three
lower Countys &c.
Witness our hands

Levin Gale
B. Young
Th. Jones
Jas. Sterling
No A
Exhibit

Clem. Plumsted
John Kinsey
Samuel Chew

For purposes of comparison, we have added a facsimile of
part of Herrman's map of 1673.

The frontispiece to this volume is a facsimile of the armo-
rial bearings of Sir George Calvert, as affixed to the exempli-

XIV

fications of arms issued to him by Richard St. George, Norroy
King of Arms, December 3, 1622, which was printed in full
in the first volume of these papers. In his heraldic phrase, it
is " paley of six pieces, or and sables, a bend counterchanged,"
and for a crest, " the upper parts of two half lances, or, with
bandrolls thereto appending, the one or, the other sables, stand-
ing in a ducal crown, or." The leopards which appear as
supporters to the arms of the Lords Baltimore, are absent, as
supporters do not pertain to the arms of any but peers.

Breaks in the text show where the manuscript is torn or
illegible. The bracketed heads to the letters have been sup-
plied by the editor.

W. H. B.

THE CALVERT PAPERS.

PHILEMON LLOYD TO THE CO-PARTNERS.

[Defects iu the Land Laws.]

July 18*.'? 1719
Gent

Our Laud Law haveing of late been the Occation of numer-
ous Debates, pro & Con, as Poeples Interests, or their Incliua-
tions Provoked them to declare ag' it, or to recomend the
Usefullness of an Act the Consequences whereof very few, Even
the most Conversant about it, as yet Understand. The Act is
indeed of a very Extraordinary Nature ; & Seems Calculated
for the Subversion of English Liberty, rather than a Protection
to the Poor Inhabitants of this Province, ag' their more Potent
& Litigious Adversaries, as is Pretended ; & therefore well
deserves my Strickest Observacons, had I not been Engaged
therein by Impulces of a higher Nature than Mere Curiosity,
Such as my Duty to my L^ Propry, & my Love to my Coun-
trey, the Interests whereof are Mutually Concerned in the
Continuance of this Act, w°^ as it now stands & upon any
Other Scheme drawn from the same Projection, is and will be
an Infringem* on his L^pps Property by disposeing of his
Lands, w'.^'out his knowledge or Consent ; nay Even Contrary

to his Will, & by being a great Obstructiou to the Receiveing
his Eeuts tt makeiug up his lient Rolls ; & lastly by being
Ruinous & destructive of the Coinon Right of his L'^pps Poor
Tenants w'Mn this Province; whose Unhappy Circumstances
under the Managem' of this Law are such, th' if his L'^pp had
but a true sence thereof, he would want no Other Inducem' to
the Repeal of the Act than a tender Regard to the well being
his Province ; w"'' his L^pp hath allways declared himself to
Have so much at Heart. But of these things in their Proper
place, after the Design of the Act : & the means of bringing
about that Design, as now Prescribed by it, are Sett in A True
Light, whereby the Evills above Recited, will Appear to be
the necessary Consequences of such a Law.

The Design of the Act, as is set forth in the Preamble therof,
Respects Severall Circumstances of the Inhabitants of this Pro-
vince : first it hath Regard to, & Provides A Remedy for the
more Exact Settling the bounds of all such Antient Surveys
as have been darkly & Unskillfully Exprest; either thro'
Ignorance or Inadvertency of the Surveyors.

Secondly the Act is designed to Prevent the Yast & Addi-
tional! Charges Accrueing to the Inhabitants of this Province,
by Tryalls by Juries in the Provinciall Court, & the Comon
& frequent Appeals to the Superiour Courts.

The third thing Provided ag* by the Act, is th' by Prevent-
ing the Poorer Sort of Poeple, from putting themselves to such
Vast Additionall Charges, they may no longer lay under the
Necesity, of giveing up their just Rights to their more Potent
& lictigious Adversaries, rather than Suffer the loss of Time,
fFateague & Expence, of a long journey, & a Longer & More
Teadious Attendance.

Now How farr this Law in the Reason & Practice thereof,
hath or will Answer the Ends Proposed, is the Subject of this

p''sent Enquirey ; but before I enter upon th* part of the Act,
w!? Relates only to the Inhabitants of this Province : & to
Other persons holding Lands therein, I think it my Duty in
the first place, to touch upon such Branches of itt, as Affect
the L^ Propry, both in his Prerogative, & his Property, &
Shall then Proceed to make it appear, th' the Method lay'd
down by the Act for Settling & Adjusting the Bounds of Land,
is a Meer mixture of Ignorance, and design blended togather,
& no ways Proportioned to the Attainm* of the Ends intended ;
but that instead of Releiving the Poor Poeple, it is an Oppres-
sion to them, & instead of Secureing their Estates by a More
Gentle & Equall Judicature than th! of the Coinon Law, the
birth Eight of Every Englishman is thereby taken from him ;
& lastly th' instead of Protecting the Poor, ag' their More
Potent & Litigious Adversaries, they are by this Act given up
A Sacrifice to the Intreagues & Managem' of Poeple of ffor-
tune ; being now destitute of their greatest Security, w"*" was
in being judged by their Peers ; all w''.'' I shall Evidently
Make Appear in its Proper place.

As I take itt, the L*^ Propry hath not only a Property in
the Soyle of this Province, but is allso Invested w'^ a Right to
Dispose of th* Soyl According to his own Pleasure, w!^ Pleas-
ure his Noble Ancestors have Signified in their Conditions of
Plantacons, long since Published; & are now the Standing
Rules for granting Land, w*''in this Province; but by the
Terms of the p^'sent Act of Assembly the Com" are Empowered
to lay out his L^pps I^^aud w^'out his knowledge or Warr* &
Ag^ his Will declared in Patents granted unto Sundry of his
Tenants.

But to make this thing Obvious to Gen' th' must needs be
Strangers to the Practice of Land Affaires here, & to shew how
little regard the Land Com? have to his L'^pps Grants, when

they fall in their way, I will Cite a Case th' was brought upon
A Complaint Exhibited Unto his Lllpps Govern^ & Councill.
The Reason of the Complaint was this : the Land Com" of
Baltemore CoV, persueant to the Direction of the Land Law,
were Called upon a Tract of Land, in Order to lay it out
according to the Antient Meets & bounds thereof, & the s^.
Com" whether thro' Ignorance, or design of favour to the
Party whose Land they were Called upon, & to give the Man
his Compliment of Land, as they call itt, for his tract was
dificient in quantity Ran two of the Lines w'l'out any Rule or
Reason, & Contrary to the Express Letter of Grant, into another
Tract Contiguous, & granted to another person since the take-
ing up of the first tract w"'' the s"? Com" were called upon as
may be seen in Case N° 1 ; & by this Means, & by Vertue
of this Law, they took away one Mans Property long Since
granted by his Ll^pp, to make good the Deficiency in Anothers,
w''!' hapned by the unskillfullness of the Surveyor. The ifact
Appearing thus upon the Complaint an Order was Sent down
to call those Com" before the next Councill ; the Com" Ap-
peared at the Time, wl** hapned to be dureing the Sessions 1718.
They there Avowed the fact & stood upon their Justification,
& were rep remanded for the Unjustice of their Proceeding;
but the Complain' had no Redress, for the Governm* hath no
Power to carry the thing any farther, alltho the Proceedings
were Contrary to the Received Rules, & known Practice of all
Surveyors, time out of Mind. The Com" by the Act are
Arbitrary, & w'l'out Limitacon, as themselves have boasted
when Charged w'? Irregular Proceedings.

Butt to make this Matter more illigable yet ; it may not be
Amis to say Something of the Reason & power of Lines, as
they Applicable in our Surveys ; w":** may serve for an illus-
tracon of the farmer Case, as well as to o-ive You a Generall

Idea of our Surveys here. It hath been always Ruled in
ffavour of the Tenant ; th' if the Survey can be Adjusted
According to the Antient Meets & boundaris expressed in the
Cert ; the Lines tho' differeing in Course should be Extended
unto such Meets or Boundarys, whither River, Creek, tree or
any other known Point. From hence commonly Arises the
Land called Surplus Land ; alltho' Sometimes those old &
Irregular Surveys Prove deficient in Quantity, as in the p'^sent
Case, the Persueing the Course of the River, w".'' is allways A
Rule in such Cases-; whither it Produce Surplussage, or Occa-
tion A Defeciency, & is the Reason th' the back lines will not
Contain the Quantity of Land expressed in the Patent as in
Case N : 1 ; for where the Lines are regulated by Course &
distance w'J'out the Mention of Any Certain Boundary to Run
unto, there & in all such Cases the Course & distance hath
allways been the Reed Rule to walk by, & was the Very thing
Complained of to the Councill & unheard of untill the Land
Com" by Vertue of this x\.ct, brought that and what ever else
they Pleased, into Practice. In fine the Reason of Course &
distance, is so Certain & hath been so well Approved of, th'
his L^pps Grandfather; was Advised to it; & is now practiced
by all the Survey9rs of the Province, as the only Means to
prevent wrongs being don unto his L^pp in the takeing up of
Lands. Yet the said Baltemore Comi' protected by the s'^ Act
did Publickly Avow the Depriveing another of his L'^pps
Tenants of their Lands, & Justifyed themselves in soe doeing.
Thus it Evidently Appears th' his L'^pps Prerogative in
granting his Lands, is wrested from him in Some Cases (I
know many more of the like Kind) by Vertue of the Act, &
there is no Question to be made, if any Vacant Land (not as
yet granted) should lye Contiguous to any tract, w"'' the Com"
are Asserting the Bounds of, but they would as soon or sooner

Alter a Course for Ineludeiug such Laud. But further his
L^pps Property is given up in three Considerable Points of
the Pevenue, (th* is) in his granting Rights to his Lands : in
his Receiveing Rents for his Lands : & lastly in his Right to
all Surplus Land ; besides the Great Difficultys and Uncer-
taintys in makeing up his rent Rolls ; w*L'' must Necessarily be
Subjected to all such Alteracons, as the Land Com" shall think
good to make in Poeples Land, & yet no Provision is made in
the Act for the giveing any Notice thereof unto his L!!pps
Officers.

The first Point relateing to his L^pps dues on granting
Warri' for Land, is thus given up by the Com? as in the second
Case lay'd down ; whereby it Appears th* C : & D : were sup-
posed to hold 500 A" a Peice in one Neck untill the Land
Com" liaveing Awarded & decreed 700-A" of the s^ Neck to
belong unto C: there will follow a Deficiency of 200-A" in
the Tract of D : whereupon D : throws up his Patent of 500
Al' & takes out a New One for the Remaining SOO-Al^ & de-
mands New Rights for the Residue of his former Patent being
200 A" ; but as to C : he takes no Care of the L*! Propry, but
holds the other 200 A? as Surplussage, tho' my L^ According
to the rule of the Office be Oblidged to Grant 200-A" of
Rights to D : w*?out Satisfaction for the Same.

The 2"'' Point as to the Rents, is likewise proved from the
same Case to be given up by the Act, for alltho' D supposeing
he had a Right unto 500 A" paid Rent for so much, yet as
soon as C: Recovered by the Award or Decree of the Land
Com" 200 A" out of his Tract, he haveing thrown up his old
Patent, & Obtained a New grant for 300- A? only ; is Oblidged
to pay Rent for no More than 300 A", nor will C pay Rent
for any More than 500-A" being the Quantity of Acres in his
Patent, but will hold the 200 As Surplussage. By this Means

his L!!pp c*c his Posterity will loose the Rent in this Particular
Case & in abundance of Other in like Nature, of 200 A?,
Unless C. by some Means or Other Can be Oblidged to pay
Rents for the 200- A? Surplusage taken from D.

This Naturally leads me to the S'l Point wherein his L^^pps
Property is impaired by this Land Law, in Relacon to Surplus
Laud ; for if the bounds of any of the Antient Tracts of Land
be Settled by these Land Com" upon A Law Enacted by his
L^pps Authority, by w'l'' the bounds so Ascertained & Entered
upon Record are declared to be & Remaine the Certain &
Undoubted bounds of the s*? Land for Ever, it seems a Question
w*? me if Such a Proceeding, upon such an Act, will not be a
perpetuall Barr unto his L^pps future claime of any Surplus
Land w'l'in this Province.

In fine itt will be certaine Ruine to Many of his L^pps
Tenants, in whose prosperity, I take his L^pp to be very Much
Interested, for by disposessing of English Subjects of their
ffreehold w'l'out the Judgm' of 12 of their Peers, the Refuseing
of Councill to plead for poor Ignorant Persons, when their
Inheritance, their all is at stake ; & lastly by Assessing Costs
& damages, Arbitrarily upon his Ma*I' Subjects, it seems as if
a Torrent were broke in upon our English Constitution, w''?
if not timely Opposed, will bear down before it th' happy
Security w'i!' our Ancestors by their blood & Unwearied En-
deavours have Conveyed down to Posterity. Nay to Speak
freely of proceedings transacted by Vertue of this Law ; I
think they savour much more of the Orders of a Turkish
Divan, than of Decrees made by English Com".

Haveing Now finished so much of my Observations on our
Land Law, as doth most nearly Affect my L^ Baltemores
Property & Prerogatives w'Mn this Province, it may now be
Reasonably Expected I should make itt Appear as I have

allready Promised, th' the Method laid down in the Act, is
insufficient to tlie Attainm^ of the three great ends designed by
it, w'.*" Relation to the Poeple; wl*" I take to be; first, the
Settling & Adjusting the Bounds of their Lands, upon a more
sure & Equitable ffoundacon then hath been Practiced hereto-
fore : Secondly th* it may be done at less Expence ; & lastly
w*.'' less hazzard & Resque to poor Poeple ; of giveing up their
Just Rights to their More Potent Adversaries. Of these heads
I Shall Treat of Severally in the following Papers.

And first of the Settling & Adjusting the Irregular bounds
of Land, where the Courses & distances have little or no Cor-
respondency w*!' the Severall Boundaries they are said to relate
unto. Herein indeed lyes all the Difficulty, for it is the dark
& Unskillfull Manner of Expressing the boundaries by the
Surveyor, th' Renders Old Surveys so dark & Obscure. So
th* a judge Properly qualifyed to determine of any Survey so
circumstanciated, Ought in the first place to be a Man of
Integrity ; to have some Tolerable knowledge in the Art of
Surveying; to be well Experienced in the nature of the Antient
Surveys of this Province ; to have a Penetrateing ffiiculty & a
descerning Judgm' ; So th' when the Sundry Incidents Comon
to Antient Surveys, such as the time of laying out the Land,
who the Surveyor was, his Manner of Expressing himself in
Other Surveys, the Scituation of all Naturall & Artificiall
Boundarys, the Manner of other Tracts joyning upon it, &
lastly when all these togather w*.^ Evidence Viva Voce or
Traditionall, come to be put into the Ballance togather, he
may then be able by the force of Reason, & Comparison of
those Incidents w'.^ one Another, to form a Proper Judgment
agreeable to the Design of the Original! Survey.

But here I ffind an Objection will be brought ag' me if such
Qualifications are Necessarily required in Every Judge of the

Bounds of Land ; how few will there be found tli* are so well
Provided ? I Acknowledge the Matter of ifact, & do farther
Affirm th' this one Objection only hath more of weight in it
for repealing the Law, than all the Arguments th' can be
brought for the Continuance of itt, when putt into the Scale
togather. It is indeed a very difficult thing to Provide our-
Selves w*?* any N° of men fitly qualifyed to Judge of Antient
Surveys, & such as are Able to distinguish well upon the
design of the first taker up of the Land ; from the Many
Subtle Contrivances, too much Practiced of Late, in Makeing
Away & Concealing the Antient Bounders, in Order to Justify
New Pretentions upon some p' of such Antient Survey. You
shall hear Nothing so frequent from the Mouths of our p^'sent
Land Com^_' as th' this Method of runing the Lines is most
Agreable to the Design of the first taker up. Nay but, Says
another of the same Comission, that cannott be the Way ; for
thus the Lines ought to Run ; when it may be neither of them
can Say or Conceive any thing Pertinent to the matter. So
th' in my Opinion the Hazzard of Heads & tailes, the Comon
Resque of our Puerile Interests, is a Much more Equal Judica-
ture, than this by the Land Com" where Prejudice or Pre-
judgm' are too often seen to Prevaile ; whereas in the other
Way the Indifferent Decissions of Chance puts Each party
upon the Level. This Difficulty I Say in Provideing Men
Sufficiently qualified for makeing a true Judgm' of Irregular
& ill Exprest Surveys is an Unanswerable Objection ag' the
Administration of Land Affaires, under the Present Law ; for
if it be so a hard Matter to find out 8 or 10 Persons in the
whole Province th' are fitly qualifyed to judge of land Affiiires,
how Preposterous & Absurd a thing is it then in Our Legis-
lature, to make an Appointm' of one hundred & Eight Persons
for th! End. as if knowledge Conjested in Numbers, or that
2

Aggregate bodys of Ignorant & Unskillfull men, could Con-
tribute each his part, to the forming one Wise & Juditious
person.

But it may be said Again th* among so great a N? of ConiL'
there must needs be some Judicious & Understanding Men
Appointed in every Co*.^. There is no doubt of it, but that
there are several! such in the P^'sent Appointm* ; but I fear the
distribution of them According to the Co'7 where they Live,
is very Unequal & th* Some Co*£' are wholy destitute. This
Opens out A Malancholy Scene, of the Unhappy Circumstances
of such Poor Poeple, who are doomed by a Law to fall into
the hands of Ignorant, if not Prejudiced or Militious Judges,
tho' Possibly the best choice in the CoV, ag' whose Judgm' the
Act Allows no Releif. There is no place of Refuge, no Dernier
Resort, for A Poor Man to flye Unto in Case of a Mistaken
or designed Injury don him ; but Notwithstanding this be a
Malancholy Storey, the Law Oblidges poeple to Submitt to
such hard Terms. I can Affirm it to be a Positive & known
truth, th' some Co*r are so divided into Party, & where it is
otherwise, some Com? so Prejudiced ag* one another th' Par-
tiality & Prejudice have been the moveiug influences to Judge-
ments given in Cases of Meum & tuum ; nor can we exjject
any better from the same Persons when Lands are in dispute
in Many Co'?' for want of more Capable & less Prejudiced
Persons ; but I do not therefore think th* such Persons are
the only Proper Judges to determine on the Right of ffi-eeholds.
This charge would seem very Uncharitable were it not for the
frequent Acco"' wee have of the Many Extravagantly &
Irregular Decrees, to say no worse of them, in allmost every
Co*7 where the Indirect Practices of the Com" gives the Poeple
but to frequent Occation of Chargeing them w'.'' partiality.

There canuott be a greater Evidence of the Partiality or
Ignorance of the Co'i^ Laud Com'^.' than th' of the Severall
Appeals to the Com" of Keview. Under the former Act, the
Appellant allways recovered ; one Case only Excepted, wherein
the former Sentence was confirmed. Such Contradictory Judg-
ments became a Reproach to them among the Poeple, who did
not spare their Censures on one or the other Bench as their
Interests or Inclination Prevailed ; for Preventing of w"!' Evil
our Legislators, being most of them Concerned in the Land
Comission, Re-enacted the former Law, & by takeing away
from the Poeple their Rights of Appeale, they united the 2
clashing Comissions & Erected one Sole Judicatory for the
dispatch of all Land Affaires & at the same Time secured to
themselves the Reputation of acting upon Principles of Justice,
by allowing of no other forum to re-examine the Proceeding.

But what need is there of Private Evidences ; what Occation
of Citeing particular Casses seeing th' the whole Legislature in
the body of the Act have Acknowledged the weakness & In-
sufficiency, Nay theUnjustice of this Sort of Judicature, wherein
granting the Peticons of Severall Persons, who prayed to be
Relieved ag' the unjust Awards, Decrees & Determinacons of
the former land Com? the s'i Pet" were Releived by this P^sent
Act, & were put in Statu Quo for another hearing by the New
Com" If this be not full Evidence ag* the Ignorance & In-
justice of these Land Com", we must ene give up our Under-
standing, & tacitely Acquiesce in whatsoever our Legislators
shall think fitt to Ordaine.

Some Persons may say th' those Pet? had a Right by the
former Law to an Appeale before the Com" of Review, & th!
this P'^sent Act only translated th' Right to the determination
of the present Land Com". All this I grant, & Comend the
Gen" forwardness in releiving any Persons ag! the former

Com" unjust Decrees. What I blame them in, is the Reeuact-
iug the same Sort of Judicature, w"*" themselves Confess to have
been grevious to the Subject who had been so farr Injured by
it as to stand in need of an Act to relieve ag* former Unjust
Awards Decrees & Determinacons. The Suffering Poeple
were indeed releived ag' the unjust determinacons of the first
Land Com'i ; but why is all Remedy taken away for the
future, ag' any Unjust or Mistaken Decree or Award ? There
is no place of Refuge asigned for poor Poeple to fly to for
Succoiu". So th* I must Conclude th' whatever. Designes the
Burgesses may have had in View, yet Certainly it must be
allowed th* there was a great deal of folly in Acknowledging
that the Poeple had been very much greived by the Awards
& Decrees of the former Land Com''^.

This I take to be A full Charge brought & Consented to in
Assembly, ag' the Unjustice of our Present Proceedings upon
the Land Affaires. That those Land Comiss? have given
Unjust decrees & Determinations, & th' the Poeple have been
much agreived thereby, appears in the Body of the P^sent Act.
It appears allso, how great a Benifit it was to those Suffereing
Poeple th' they had a Right of Appeale before the Com? of
Review ; for upon this consideracon only it was th' they were
put into a Capacity by this Act of being relieved ag' such
Unjust Decrees & Determinacons of the former Comissioners.
How Monstrously Absurd is it then ? how Unbecomeing the
Wisdom of the Legislature of a Countrey, to deprive the Poeple,
by a Pub. Act, of those Comon Rights & Benefits w"^ they by
the Act itself are Acknowledged to Stand in Need of? If our
p^'sent Law makers saw the Necesity of Releiveing Poeple ag'
the unjust decrees of the former Land Coml^, what just grounds
could they Proceed upon in takeing away the Right of Appeals
from the Unjust Decrees of the present Com"? Are these

p''sent Com" more Wise, more Sagacious, & knowing in Land
Affaires ; are they men of more Exalted Capacitys, of more
penetrateing & discerning ffaculties, than the former Laud
Com? ? Who are they then ? Indeed for the most part the
very same men th' acted under the former Laws ; the same
who were concerned in giveing those Decrees & Sentences w"^
by this Act are said to be very greivious. How barberous
then, is such an ludifinite Sanction to the Opinions of those
Men who have allready Passed Decrees th' are Confessed to be
greivious & Oppressive to the Poeple ? For no Law can Alter
the Men : the same ifaculties, Passions, Prejudices, & inclina-
tions will still Subsist in them. Nay what is more, they do
not lye under the same Kestraint. The fear of being exposed
before a Superiour Judicatory, was some Check ag' barefaced
& Unjust Proceedings. They are now left at libitum : the
Law is their Power ; & their Will is their Rule.

If therefore the former Land Com? did things th' were
grevious to the Poeple • may not the p'sent Land Com? do
the same ? for Still the Rule is humanum Est Errare. Men
are Men ; & Subject to the same Errors & Mistakes, Among
w*L^ Avarice & Ambition are leading Vices. A Tinture Avhereof,
I Conceive, hath had the greatest Influence in the Modelling
our p''sent Act, w"?' at once Establishes the Authority, & Covers
the Ignorance of our Co'I Gentlemen.

Nay further, th' w"? still moves my Admiracon the more is,
th* the Legislature, not Contented av*!" the Releif that had been
Administred unto such Persons as had allready made their
Aggrievances appear before them, but as if they had allso
foreseen, th' Many Other Persons had likewise been injured by
them, a Provision is made in the Act, for their Releif allso,
th' they might have the Benifitt of another hearing. Thus it
is Manifest that they well foresaw the necessity of A Review,

or Rehearing upon the Erronious Decrees of Land Com?, yet
denyed the Poeple th' peice of Comon lustice, rather than Suffer
their own Capacity, Justice or Integrity to be called in Ques-
tion under the New Act.

In fine I cannott Agree any Sort of Judicature to be Equal
where the Judges are so lyable to be tampered w"" & Cor-
rupted, as are those Co'7 Land Com?, for these 2 fol. Reasons
w"^ Relates Personally to the Com? themselves, & are a part
only of a much Greater Number Propounded before the Pass-
ing the first Law. As to the Second w".'' is now in being, I
said no more of it, than th' it was worse & worse ; both Houses
being with one Voice ag! me.

My first Reason is that the more Active & busie Persons in
the Co'!', Endeavour to Keep up a very Popular Correspond-
ency w'? the Poeple. By this means they are Choose Burgesses,
& for that very Reason oftentimes made Co*7 Court Com? ;
this Entitles them to frequent Addresses and Applications from
the Poeple, in all Cases of need. So th* the Co'.^ Burgessess,
the Co'7 Court Comi" & the Co*? Land Com? are allraost the
same Poeple, & are of very great Consequence & influence in
most Aifaires in the Province. I have Many times Seen Com?
Plead more Strenuously when upon the Bench, than the Coun-
cill did for their Clients at the barr. I cannott think such
Persons w'J'out their Particular ffriends, & Many Private Views.
I cannott say th' this is alltogether out of a Corrupt Principall,
for Ignorant Persons, when Elivated above their Capacitys,
are allways the most Vain and Opiniatre, tho' some of them
deservedly have another Character. I cannott therefore believe
such Persons to be so Proper Judges of a Mans ifreehold, as
Persons more indifferently appointed & of much better Judg-
ment.

My Second Reason is taken from a Practice th' is but too
Coinon to many Poeple in sounding the Land Com7 Opinions
by way of Advice, before ever they Pet° for their Coraeing upon
the Land ; & haveing known th"^ Severall Opinions, they than
Exhibite their Peticbns as the Law directs ; & if tlie Defend'
who is Ignorant of this Practice joyns in the Election of 3
Com"? out of the Nine Appointed ; w"? is the Comon Method,
the Comp; is than Provided of his Men, alltho the Poor Igno-
rant Adversary knows Nothing of the Matter.

The next thing th' falls under my Observacon is the Allega-
tion in the Act that such Proceedings by Land Com™ in the
Co*!^ are Carried on w'.'' much less ifeteague & Expence than
the way of Tryalls by Juries, in the Provinciall Court. As
to the Expence it hath been found by Experience th' this Latter
way is generally the most Chargeable ; but if in some Casses
it be less by a Quick dispatch of the Business, yet even in th*
Case it is the most burthensome, because A Judgment for the
Cost & Damages imediately Ensues, & a poor Man is ruined,
because he cannott raise Such a Sum at Once, as he would be
Severall years a paying upon a Prosecution in the Courts of
Law, even just as the Cost Accrued.

But granting it were not so, & th* the Cost on Prosecutions
on the Land Law was less than upon the Comon Law Process,
yet must the poor Poeple therefore be Oblidged by Law to
Loose their Inheritance for the Saveing of Charges ; loose a
Ship for a half Penny worth of Tarr, & a Plantacon Worth
£2 or 300 or more, to save £20 or £30 Charges. It is ag* the
Law of nature that a Man shall be Restrained from defending
his ftreehold, when he hath itt in his Power to do it in a Legall
Manner. I must Confess th' itt doth not Necessarily follow
th' Every one who is Cast, hath Injustice don him ; but follow-
ing the Example of our Legislature I may Say th' loosers

9t. "ary's seminary -Junior Collet*

ought to have the liberty of Complaining before a Proper
Bench ; So th' upon the whole, the Case seems as if tlie Assembly
Intended to do the Poeple a Particular favour in Saveing their
money in their Pocketts at the Resque of looseing an Inheri-
tance of a much Greater Value. I will Instance in one Case
only the Manner of saveing Charges. A Certain person brought
the Com? on his Land to Ascertaine the bounds thereof, w"^ was
don ; & a Decree in his flPavour togather w^*" an Execution ag*
the Def ' ; but the Case was so the Compl' who Employed the
Com? was Oblidged to pay them. The Def' ag* whom the
Execution was Awarded, was a Poor Man, & could not pay it.
Tob. bore a great Price. The Com" & those th! Attended
them Pressed so for their Pay, that the Poor Man was forced
to Sell his Land at an Under Eate, to gett Tob. to defray the
Cost of this Suit.

Let us look back but a little time, & wee may see when the
Extravagant Charge of this Way of Proceeding by Land Cora?
w'.*" a great deal of Reason was Complained of, alltho' the Law
was then allso dawb'd over w'*' the Specious Pretences of Save-
ing Charges to the Poeple. Our Assembly fell upon ways &
Means to retrench such exorbitant Charges ; w".*" otherwise
would in a Short time have put the Countrey into a ferment ;
& they did, as it sometimes hapned, hit upon the means of
saveing Charges in some Measure ; but in Such a manner th'
the Law is thereby become much more grevious & intollerable
than before. For if according to the former Act, any person
should have had the Misfortune of falling into the hands of
(& sure such there Are) Malicious Prejudiced & Ignorant Com"
let them award what Sentance they pleased, yett the Liberty of
removeing the Cause before a Superiour, & less Prejudiced
Bench, made many Poeple Easie under the misfortune of An
Ignorant & too Often Arrogant Land Comission. But this

Method was too Expensive to Continue Long w'.''out a Publick
Clamour of the whole Countrey ag' their Representatives : who
were not able any longer to perswade the Poeple contrary to
their own Experience of the Ease cheapness and Conveniency
of this kind of Judicature.

But before I proceed any further it may not be Amiss to
Obviate the Charge of insinserity wl*" I fore see will be brought
ag* me, in Alledging generally th' Appeals, the most Valuable
branch of the former Land Law, are by this Act taken away.
Indeed my Manner of Expressing it looks some what Generall,
but is not more Generall than Reason & the Practice of the
thing will justifie me in ; for the Greacest part of the Matters
in dispute are under the Value of £300 Ster. ; but if it were
Otherwise, few Poeple here have Interest or Inclination to be
at the trouble & Expeuce of Prosecuteing a Chargable Suit
before his Maty, in Councill. I have heard of butt one P'son
only th* talked of an Appeal according to the Act, but have
not heard he ever Prosecuted it. So th* those Appeals seem to
be of Little Benefit to the Planter.

But granting it were otherwise, & th* Poeple were inclined
to the LTse of such Appeals, yet it is rendered allmost Imprac-
ticable, by a Clause in the Act, Whereby the Value of the
Land in dispute is putt Wholy into the brest of the Com? as
Sole Judges of the Worth of the Pretentions, of the Party
aggreived. So th*^ if the Value of the thing in dispute do farr
Exceed the sume of £300 Ster ; yet it is in the Choice of the
Land Com" if they will Sett so high a Price upon it, as shall
Entitle the Party to an Appeale. The Reason of this is Ob-
vious ; for Supposeing an Unjust Decree to be made, & Surely
I may Venture to say there are many such, seeing that our
present Land Law-makers have Acknowledged it, who will
think it Strange, I say, if the s*! Com''.' being Privy to the
3

Unjustice of the Proceedure or Unwilling th* the ifavorite
Party should be put to such Vast Expence & Trouble as an
Appeale would necessarily bring upon him, should Undervalue
the Worth of such Pretentions. & thereby Save to themselves
the Reproach of haveing made an Unjust Award?

The Generall Design of this Law, as set forth in the Preamble
thereof, is not only the Most Comendable ; but also the most
Usefull Undertaking that the Legislature of any Countrey
Could Enter upon ; provided that the Meanes Proposed, were
any ways Proportioned to & Adiquate w* the End Designed ;
but the Present Case Appears the very Reverse of so Pub. a
good, the Means being alltogather Incompatible w'? the Attain-
ment of the End proposed for these two Reasons following :

The first Reason is th' the Richer Sort of Poeple who are
Able to bear all such Charges, as Are said to Accrue upon the
Prosecutions in the Courts of Comon Law, are Involved in
the same Circumstance w'.'' the poor & more needy, & are
Oblidged by Law to keep their Money in their Pocketts, thd
at the Hazzard of looseing their Inheritance, when they neither
come w'.'^in the Reason or Design of the Act. It will be said
th' the Case of a Rich & a Poor Man, was the Only Case th*^
seemed to fall under the Consideration of the Law makers.
Now the Advantage w*:^ Accrues to poor Men by this Act ag*
their Potent Letigious Adversarys, is the Subject of the next
Reason ag* the Pretended Usefullness of the Act.

My second Reason th' the Means prescribed by the Act is
no ways Proportioned to the Attainem' of the End Proposed
by it, is, because th' it is Obvious to all the World, & it was
so I dare say, from the Begining, th' a Rich Man is Possest of
Vast Advantages over his poor Adversary ; & Unless some
better stand, as a place of Refuge, be Provided for the Security
of the Poor Man, all Endeavours in his flPavour may be deemed

Vain & fruiteless Attempts. Such I thiuk is the Projection
of our Land Law : there is nothing in it, to Secure A Poor
Mans Property ; no, not so much as one Proposall advanced
towards it, but what depends merely upon the Integrity of tlie
Com? w'^.'' is but a weak Support to the Poor. It is all Pre-
tence and Mere Amusem' w^'out the Least thing don for them,
unless the Errecting an Arbitrary Judicatory, whose Sentence
is Unalterable be lookt Upon to be an Equivalent far takeing
away An Englishman's Birth right, in being Adjudged by his
Peers, the most Inestimable Part of an English Liberty.

But here I Conceive it will be said, in Answer to my second
Reason, th' it is in a more peculiar Manner the Duty of the
Laud Com"".^ according to the Design of the Act, to be of Coun-
cill for the Poor, & Ignorant, as far as the lustice of their
Case Requires. To w".'' I answer th' Comon Experience over
all the World, as well as the Practice of some of the Laud
Com" are but too Evident Proofs th* the Rich Man & the Man
of Authority, have the Greatest Influence upon all Arbitrary
Judicatorys. But further granting th* these Land Com? were
the Honestest Men in the World, yet involved in great Diffi-
cultys & Uncertaintys as to the knowledge of the true Bounds
of the Land in Dispute. How Easie then is it to conceive
& Prove allso, th*^ ifavour iu all such Cases of Uncertainty
Seldome fills the Ball, on the Poor Man's side. For if a
Complim* be to be made of a Mans Judgm' there are many
prevailing Inducements for Placeiug it on the Rich Man, who
hath allso Great Advantages over the Poor Man by Reason his
Education & Improvem! by Business, w''.'' have Rendered him
much better Qualifyed to Sett his Case in such Lights as may
Easily Deceive Persons of weak Judgem* & Unfixt Principles
in the true Method of Adjudgeiug on the Boundaries of Antient
Surveys. More Especially seeing th! such Provision is made

by the Act th' no Poor Mans Reason nor Judgem' shall be
Assisted by Advocates of any kind, unless don gratis, w":'' few
men are forward in. If the Com" are Ignorant so they must
Remaine, for the Law will not allow a Poor Man an Advocate
to put his Case into such a Light th' the Com" may be better
informed & see what Justice lays on the Poor Mans side ; and
this brings me to my 3* & last Reason ag' the Act.

Thirdly it is well known th' a great many Poor Poeple in
this Countrey, are so Ignorant, th' tho' they may say a great
deal, yet all to little Purpose. They are Ignorant where the
stress of their Case lyes : if they Pay a fee for Advise, for no
man is allowed to plead for them, they are alltogather in the
Darke ; as to setting forth their Case before the Com" they
might as well throw Away their Money, unless Councill were
allowed to plead for them ; So th' if the Com" fayl in Judgm'
or Integrity, a Poor Man is Ruined, be his Case Never so just;
& by A Method th' seems even ag' the Law of Nature &
Nations ; th' a Man who is Able to pay a fee, should be denyed
the benifitt of his Advice, & all this for the Saveing of Charges
to the Poor as is p^tended. This Indeed seems the most Bar-
berous & Inhumane Part of the Law ; th' a Poor Ignorant
Person who is not able to plead his own Cause should be
denyed Councill to do it for him, as if the Legislators, to
Husband the Poeples Estates, would not Suffer them to be at
any other Charge than paying the Com" & their Attendants,
who now Engross to themselves all that Money & More too w".*"
heretofore was Expended in Prosecuteing Suits in the Courts
of Law ; and tis generally confessed by a More Chargable Way
too ; So th* if our Poeple go on in this Strain, wee shall in a
Little time have No Occation for Courts, Judges, Att'neys ;
th* the Co'y Gen' Acting by Speciall Comissions will Supply
the place of all these. But such things are not to be wondered

at ; they are Naturall Consequences of too much Indulgence to
the Poeple for the Carrying on Popular Designes. Our Poeple
have now a great Deal of Power Setled on them by Sundry
Acts of Assembly, w"*" they frequently make use of to destroy
one Another ; but all this is well Enough they being their own
Executioners.

Haveing gon thro' w*!^ my Observations upon the Principall
thing designed by the Act, & made it Evidently Appear th*
the means Proposed by the Law, instead of Relief to the Poor,
is an Additionall Aggrievance to them, it only remaines now
to make it Appear, th* as our Legislators have failed in their
Design of Releiveing the Poeple by this Law, so are they in
my Opinion, grosly mistaken in Asserting, because the great
Variety of Land Cases will not fall under the Prescription of
any generall Rule to Enable the Court & jury to judge of the
Matter in Controversy, that therefore the Co'?' Land Com" who
are generally Ignorant in Land Affaires, are the Only Proper
Judges to determine on all such Uncertain Controversys, as if
ignorance when Stampt w'.'' Authority were i mediately con-
verted into a Sovereign Good. This Notion is not more
Monstous, than a Supposition th' the Parliam' of great Brittain
should pass an Act that Pettyfoggers, Sollicetors, & all Manner
of p'^tenders of the Law, are Persons better Qualifyed to deter-
mine Arbitrarily on the Variety of Cases wl*" falls w'.^'in the
Coriion Law than the Judges of the Benches, Notw'^standing
their Long Experience & Exquisite knowledge in the Laws of
the Land. If there be any disproportion in the Parallel, it is
not at all in favour of the Land Law, for Sollicitors & Petty-
foggers know something of the Law, but the far greater N? of
our Land Com? I dare boldly say know Nothing of the Matter.

Here I flfind it will be objected th' the Jurors comonly
Empannelled for the trying of Disputes about the Bounds of

Laud, kuow as little of the Matter. I grant it ; but must
beffo; Leave to distinguish on the diiferent Circumstances of a
Jury at the Barr (where the Case is Opened to them by the
Pleadings of the Councill, & their Judgm'? improved thereon
by the Charge from the Bench) & the Land Com? on a Tract
of Land where they stand deprived of all Manner of Informa-
tion, Except what they learn from the Partys & Evidences on
both sides. The Veracity of w'l'' Evidence, is only known by
a Judicious Comparison of the Oaths, w*!" all the Circumstances
th' Relates to the Survey, w'l'' I take to be above the Reach of
most of those Gen' who I doubt are guided more by humour
and Inclination, than by any Solid Judgem* in the Matter ;
for they have denyed to themselves the means of being better
Informed, by Preventing Lawyers or other Persons Solliciting
Land AiFaires from pleading before them. If it should be
said th' the Land Com''.^ as mean as they are Represented to
be, have much the Advantage over the Comon Jurys in Point
of knowledge, J grant it is so very often ; but if I am not
Mistaken the Jurys at the Barr, have the Advantage of the
Coml^ in Point of Indifferency ct Impartiality, being mostly
Strangers to the Partys.

Gen' my Desire of Setling this Land-Law, w"^ is so greivious
& burthensome to the Poeple, in a True light, is the only Ex-
cuse I can plead for this long Epistle. When I began my
Observacons I thought one sheet at the most would have been
Sufficient for exposeing the many illconveniencys th' Attend
the Practice of so Pernitious a Law ; but the Mischeifs are
so many ; & of so complicated a Nature, th* I found my
self under A necessity of Enlargeing upon Many Branches
of the Act, w''^ would not otherwise have Appeared so
Intellig-ible.

What Remaiues still to be said of this Land Law, doth in
some Measure Affect his L^pp ; but more nearly all such Gen'
who liveing in Europe, are Interested in Lands w^''in this
Province. My L^ Propry is Aifected in this over and above
what is allready sett forth, th' Plotts & Certificates of all Sur-
veys made by these Com? are to be fairly entered into a Book
to be Kept among the Records of the Co'^ where the Lands
lye, by w".*^ Means if this Land Law should Continue, neither
will the Originall Certificates of Survey, nor his L^pps Grants
thereon, nor the Antient Records of the Land Office, be of any
further use ; seeing that the New Certificates upon w".'' the
Poeples Rights will only depend, are to be made of Record
w'?" the Co*:*" Clk. w'J'out any Manner of Regard unto his L^pps
Land Office w*? I take to be the foundacon of Every ffree-
holders Estate here. And further, if there be any weight in
the Discourse of some Persons, th' Propry Charters are lyable
to a forfeiture, upon Suffering Laws to be made & Continued,
th' Are Repugnant to those of great Brittain, I am sure th' this
Land Law is so in a Superlative Degree.

That Part of this Act w''!^ relates to the Estates of Gen' th^
do not reside w'.''in this Province, seems to be of a more Ex-
tensive Influence than any one would imagine it to do at the
first View of the Law, wl'' in Generall Provides, th' all Persons
concerned should have due Notice of the time & design of
Com" Comeing upon any Lands ; but that this due Notice
according to the Terms of the Act, may be off Little Use to
p^sons th' are Absent from the Province, is Manifest from the
Act itself, wherein it is Confessed th' the former Land Com"
did Award decree & determine concerning the Bounds of Sev-
erall Lands w''.'' they Awarded allso to Others, to the great
Prejudice of the Proprietors, without giveing due notice of the

s*? Proceedings; uor will it seem Strange if Persons Interested
in Lauds should be surprised in the same Manner by the p'sent
Land Com=.

But waveing th' Point, I will Insist only upon the Terras
of the Present Act, wl^ I say are Insufficient to Oblidge any
Person designing to make Advantage of Anothers Lands to
give such due Notice as may bring the thing in dispute to a
fair and Equall Determinacon. Three Months Notice is allowed
to Persons liveing out of the Co'^' where the Land lyes, &
two Years to such as are Absent from the Province ; but if
the Setting up notes at the Court house & Parish Churche
doors where such Land lyes, hath not Proved Effectuall Notice
to such persons as live within this Province, by what means
shall Gen' liveing out of the Province come to the knowledge
of such Proceedings ? It may be s** th' their ffriends or Attluys
may Advise of it ; but it is Possible th' such friends or Atfnys
may know Nothing of the Matter, uotw'^'standing th! such
Notes were put up at the Court house & Church Doors, But
further Suppose the Proprietors of Land lyeing w'l'in this
Province, & certainly there are such have neither ffriend nor
Atfney here; is it just th' their Estates should lye at the
Mercy of such Persons as shall bring the Land Cora? upon it?
Nay farther yet, those Gen' in England who hold the best
Correspondency here, raay be surprised by this Act, for Many
of them hold Lands by Antient Surveys, the Bounds whereof
are not yett Certainly known ; & a Survey made by these
Land Cora"of sorae Contiguous & Adjoyning Tract, raay run
Considerably w'?in the Lines of such Land, & the Proprietor
thereof be Precluded, as the Act hath it, frora raakeing his
Just Defence before the Award or Decree be raade ag' him.
I hope I shall be held Excused for writeing so long an E[)istle;
the Subject ]\Iatter of it is of the greatest Consequence to this

Province, w".*" I trust will Plead an Excuse for him who is in
Sincerity to the Utmost of his Power —

Gen* Y'. Most Obedient
Humble Serv'

Phile. Lloyd

PHILEMON LLOYD TO LORD BALTIMORE
AND CO-PARTNERS.

[Discovery of Mines.]

My Lord & Gen'

S! I did my Self the Hou^ of Writeing to you of June
1722 have seen Roach, Sing [and] Brown; the 3

remaining Partners in the Adventure. They seem very nnich
disconcerted at the loss of their Mine upon Susquehannah, of
w"** I sent the in my [last.] I have reed, at their hands

2 p! of Oar : the one Copper & Iron the other Silver & Iron.
The Mine is so stricktly guarded th* they tell me they could
not possibly gett Any More, [but] promise a larger Quantity
ag' the Time th' I come up to them. Which I design in six
or Seven days at the farthest, & will then go to the Place where
they have Severall Men at Work in Opening a Copper mine,
much lower down in Maryland.

Gen', According to the Worth & Other Circumstances of this
& Other Mines, I shall ffind my Self under a necessity of
doeing something w'.'' the discoverers rather than be Wholy
shut out from these first undertakeings in case the Land be
allready taken up ; but if not I will then lay Warr*' whereever
I can hear of any Probability of a Mine. Schylers & the
4

Mine upon the Susquehanuah hath made such a Noise in the
World, th^ the Woods are now full of Mine hunters. Many
discoverys are allready Made ; but the Worth of them unknown
untill shafts shall be sunk, to ffind Out the largeness & Quality
of the Vien. Upon w"'' Acco' I humbly propose :

first, th' Directions be given to treat w*^ such persons, as
shall discover Mines of Copper Tinn or lead. So as they may
be Encouraged to seek after & make known whatever Mines
they shall ffind, by letting the Discoverer come in for a Part.
By this Means, if many discoverys of th' kind should be Made
(a Rich lead Mine in the lersys & a very Rich Copper Mine
in Bucks Co'^ in Pensilvania, are lately discovered) we may
Engross the Greatest part among Ourselves.

Secondly, I humbly propose allso, th* some directions be
sent to treat w*'' such persons as have mines in their Lands
allready Patented.

Thirdly I begg y'' Direction in the Manner of Encourageing
the first discoverers of Mines, allready found out upon any of
his L^'pps Mannors, & other heritable Lands ; for w'l'out En-
couragem* the Persons are like to conceal, & may possibly
dye w'f'out Communicateing their knowledge unto any person
whatsoever.

ifourthly, it is likewise proposed th* some p''son of Ability
& Experience be sent over, who shall make it his Whole Busi-
ness, w**" proper Utensills & other Necessary Conveniencys, to
go in search of Mines of any sort whatsoever.

Publick Reports concerning the Value of the Mine upon
Susquehanuah are very Various & Uncertain, Especially of
late, th' they have given Out th' the Govern! &c after a great
deal of Pains & Cost, are about to quit it. On the other
hand, Sing, Roach [and] Brown tell me, th! such Reports are
spread abroad on purpose to give Oppertunity of Convey-

ing away the Oar w'?* little or no Notice, they allso they
came from Philadelphia, 7 Waggons were in AVaiting near
transport the Oar down to New-Castle w"^ is 50 Miles
distance, & I had some p^sons tell me allso, th' a much
better Way May be to the head of one of our Rivers w"*
30 miles Land Carriage.

I am not a little concerned th' the Reserve of 10000 A"
formerly Advised of hath not been Executed. I know not
by what means the Pensilvanians had Notice of it ; but before
our Surveyor went up (he was out of the Way for some Time
after I sent the Warr*" to him) they had posted Souldiers all
about the Woods, So th' our Officer dared not to go & Execute
th* AV^arr' However I am resolved to be up among them &
lay the Reserve if Possible ; notwithstanding if S^ W™ Keith
hath laid out all the Adjacent Lands for Young Penn by the
Name of Springetts Bury q! ; 75520 "I' th6 I believe twice th^
Quantity may be thrust into those Bounds, by Reason of the
Terms More or less ; as you will see they are there made Use
of in the Inclosed Copy of the Warr'

As soon as Sing, Roach &" went up ; a Warr' was Issued
out by S! W™ & Sing taken Upon the Mine ; & thence carried
to Philadelphia, & Comitted to the City Goal, as you will
perceive by the Inclosed Papers, wl** I have purposely Trans-
mitted th' the Rigorous Methods of those poeple may be known.
I design however to make a survey there w"" all Imaginable
secrecy, but should be heartily glad if a proper lustrum' were
sent over [for] the takeiug the Lat. of the Place, or that some
Pub. directions were Given to the Governm' for the making
an [exact] discovery of the Line of 40 North.

Gen', here inclosed comes an Invo. of [sundry] Sorts of Oar,
w*''' are packed up in a Box, & come directed to the Houble
[Charles] Baron of Baltemore &!. Having those sorts I re-

solved to send them, Whether of Any Value or No. but hope
to be Master of greater Quantitys of better Oars before the
latter Ships sayl, w"!' shall not ffayl in transmitting over, nor
shall my best Endeavours be any Ways Wanting in Advancing
the loynt Interest of such Worthy Gen* from Whom I have
the Hon! of Subscribeing my Self,

My Lord & Worthy Gen*
Y' Most Obedient
Humble Serv*
July 19'" 1722 Phile. Lloyd

To
The R* Hon^

Charles Absolute Lord & Proprietary
of the Province of Maryland &5
Lord Baron of Baltemore and
Copartners

Loudon

DRAFT OF LETTER FROM CHARLES, LORD
BALTIMORE, TO PHILEMON LLOYD.

To Mr. Loyd—

Yours would have bin sooner answer'd but th' I have stayd
long abroad then I intended. I must aprove your draught of
petition for a person now in the disputed parts to become a
Tennant of Maryland & I beg you will encourage all people
that have a mind to hold under me by such means as you shall
think most for my interest. I have often given Directions for

coufirming any one in there possessions in the Above mentiond
places with ont expecting any thing for orereages & I give my
Brother the Governour orders to Spare no costs in this afair, I
am preparing to commence a law suit with the pensilvanias &
beleive it will be Nescessary for you to Come over in the fall,
& I desire you will take care to furnish your selfe with all
materials that may be nescessary and more espetialy to take
Care to gett as many Evidences as may be of my possession
which is the thing th' to me seems most wanting Communicate
this to My Brother & beg you will be asisting to him in estab-
lishing proper offices or officers for the Collecting of my rents
You will here inclosed Receive My New Commits"! apoint-
ing My Brother Csecil' Calvert & M!" Thos, Beake Secretarys
of My Province of Maryland Likewise there new Commssn
continuing you Deputy You are to send all matters of Affaires
relating to your said office to ray said Brother for my Perusal

PHILEMON LLOYD TO CO-PARTNERS.

[Personal justification. Mines. Land business.]

Wye River July the 28'?" 1722
Gen*

Having in my former Letter compleated whatever I judged
necessary, in Relacon to the Pub Affaires of this Province, as
they any ways related unto the Duty of my Office, I now make
bold to trouble you w'.*" some Matters wherein my Own Char-
acter & Conduct may be called into Question. I am conscious
to my Self of having don nothing, when set in a true light, th'
may justly bring a Censure upon my Managem' of his L^pps.

Affaires, & cau boast this of my Self th' I have allways Pro-
fessed his L^pps Interest, Where justice favour'd it, even ag'
the former Practice of the Office, to the great dissatisfaction of
Many persons. But it is now, as I beleive it hath ever been,
the Coudicon of Poeple in Office, th' Something either thro
Design Malice or Accident, hath brought their prudence or
ffidelity into Question.

I know not unto w'l'' of these I stand indebted for some
Complaints & base Reflections w"^ are privately handed about
ag' me. I will not Entertain you Gen', w*^ Preambles, nor
will I say Any more by Way of Apology, than seems Abso-
lutely necessary for the doeing my Self Justice in Relacon unto
the Principall Parts of my Office, w"^ is both Judicial & Miues-
terial. As to the Judicial Part of it, no man as yet, hath had
Recourse unto the Coiiion Law, as Aggrieved by any Deter-
minacou of Mine, alltho many Poeple seemed discontented, w*?

1 take to be the Colnon Case of all such as are Employed in
the doeing of Justice. As to the Ministerial & Official Part
of my Duty, I have Used all Imaginable Care th' Noething
should Pass unto his Lpps Disadvantage ; but Pickthanks are
never Wanting, & I have been told th' my Conduct hath been
Censured for having Ordered out Coraon Warrf before Caution
given, I must confess th' lies on a Misunderstanding w"" my
Con. Henry Lowe Dep'f, who broke in upon my perquisites,
w*out being able to help myself, but by the granting of Warr*.^
Sp" & Comon w%ut his directions; as I found myself Quali-
fyed by my Instructions, w"*" was not to suffer any Patent to
Issue untill his L'^pps Agent were p^ the Condicou Whether
Cornon, Escheat &c. ; but this Liberty was soon Abused ; &

2 great Warr'.^ taken out, one by M"" Macnemore for 5000 A",
& the other for 3000 A", w'l'out secureing or giveing Caution
for the same. I had notice hereof, & iinediately countermanded

those Orders to the Clke, & so p^'ented the 111 Consequence
th* I saw was like to ensue the Abuse of th' Liberty ; for great
Warri! taken out upon Credit, might have been sold out in
parcell & his L'^pp defeated of his Right ; or the Purchasers
from the Warrantee loose their Rights; but I had Ever after
a strickt Eye upon those 2 Warri^ ; but it so hapned th' the
Six Months Time was Expired before any use was made of
them, & when brought to be renewed for 6 m! longer, they
were met w''' Orders w'^'' I had just at that Time put into to
the Office, for fear of Alarming them if don sooner, w*"^ forbid
the Renewm' thereof untill it appeared th' his L'^pps Agent were
Satisfyed for the same according to Condicons of Plantacon.

This is the Only step th' I ever Made, Since I have been in
the Office, th' bears any Colour of Blame ; but when perfectly
Understood, is rather a benefit than an Injury, as to the seating
the Countrey ; but his L'lpp had been oblidged to stay a little
for his Money : & I put to A great Deal of Trouble in observing
the Returns upon Every Warr', So th' no Patent should Issue
untill his L!!pp were paid his Rights. However upon the
Whole I thought it proper to p''vent Any such practice from
Creeping into the Office ; but have since heard th' it was Ob-
jected to me by the Dep'2' Agent, when I forbadd a Warr' unto
Copson, upon the score of the Iron Works, Whereby a Reserve
was made of Allmost all the Lands upon the Western shore,
for the Value of £120 Cash p^ downe. I was Aware of my
former Mistake in Granting Warr'.' before pt for, or Caution
given for the Paym*" thereof, & had Reason therefore to refuse
such an Unlimited Warr! as was prepared by the Clk & shewn
me, Empowring Copson to take up all the Lands upon the
head of the Bay in Csecill side, w"'out Any restraint of goeing
as far North as he had Pleased, & allso a Reserve of all the
Lauds on Balteraore side. Besides as I formerly Advised,

having found a secret fellow of Copson, his great & unusuall
Reservedness to me, & the Ineomptency of some of his schemes,
made me jealouse of Pensilvania Designes ; & therefore forbid
the Issueing of th* Warr!, having first Advised the Govern'' of
mv Apprehensions, who Acquiesced in what I had said as to
the Pensilvania Designes. This Order I thought my self Quali-
fyed to make w*'^out giveing my L*!.^ Agents Dep'i' or My Own
Clk a Reason for it ; but by Bribery or what Other Influence
I cant tell the Warr* Issued Contrary to my Order as soon as
I went Out of Town, &, Reserve Made of the Tract of Land
now taken up for Iron Works (they might have levyed out as
much & wherever they had pleased) & a Location upon the
heads of all the Rivers in Baltemore Co*J; w"^ had been a stop
to all other surveys ; & kept th* Vast Tract of Land under the
Thumb. But I sent linediately unto both the Survey? of
Csecill & Baltemore Co'J too, into Whose hands soever the
Warr' should fall, to let me know their p''tentions, & not to do
Any thing thereupon untill tliey should have farther directions
from me. It was at first laid in Csecill Co'?'. I had no Ob-
jection to the Place ; I let him finish the Work & recalled the
Warr*, so heard no more of such large Pretentions. Whatever
Encouragem' the Dep! Agent or my Clk had for Issueing this
Warr' from Copson ; they had different Treatm' from me. Who
found they had surprised the Govern! into a Consent of it.
However, after such an Action & other misdoings, I should
not have continued the Clk Any longer in the Office if I could
have furnished my [self] w"* another Clke so Capable of doe-
ing the Business thereof; for alltho Copson p*^ Caution down
for 4500, th' Ought not to have given him the Liberty of
100000 A" ; but Money I fear hath don too many Wonders
in th' Office. Alltho' it is my Duty to take Care th' My L"^
be no Sufferer thereby, I must Wink at ffaults. There hath

been frequent shifting & Changes of Clks heretofore for Mis-
demeanours. I am sensible I am greatly Wrong'd by them
but know not how to help myself; but his L^pps Business &
dues being all of Record, by dilligence & Circumspection I can
p^'vent his being Abused. These & such like grumblings at
my Conduct first for Ordering Warn' to any one, & now Re-
straining of Copsou, might have remained a secret for some
Time longer had it not been for my denyeing Geist the liberty
of the Office. I had heard of some of his & the Clks Unfair
Practices as to my self & the Poeple too ; & particularly of
One in Relation Unto 6 Pistoles w*^*" Geist was to have for
takeing A Patent of [f] the Record, for so the Report was
handed to me ; of w"!' you will see more by the Dep"^ of Griffith
& ffaudrier taken by the Provincial Court unknown to me &
come here inclosed : the same being before lost in Mann.

Whatever M"' Geist may think of such practices & the many
Private Injurys don to me in th' Office, No man Else, I speak
it w"' Submission, will believe him harshly used in being forbid
the Office ; for among Many other Informacons given me, the
Collector at New-Castle, told me th' he heard Vanhacsdonck
Riddlyden th* famous Convict & Transport into Maryland,
had, to recomeud him self in th' Place where he Apply 'd for
Practice, frequently boasted of frendship & great priveledges
in the Maryland Land Office, & had thereby very much Ad-
vanced himself in the Good Opinion of the Poeple there, & in
Cecill Co'.^ too ; for as it is generally Reported, th* during the
Time of his great ifamiliarity w*!" Geist he had gott the Certifi-
cates from off the Records of great part of the Lands in Caecill
Co'J w*l'out having Ever Accounted w*_'' me for one penny for
the same. But when I came next to Town after I had the
news at New Castle, upon Enquirey I had some notice of the
Great ffiimiliarity that had been between Griffith, Geist in the
5

Office, & Riddlydeu & Davison out doors ; & how th* there
had been a late jangling between the Dep'J Agent & Griffith.
I made what Enquirey I could into the Cause of it, but could
then have but an Imperfect Acco* of the 6 Pistoles & the Busi-
ness to be don for them, for I found the Clk upon th' Reserved
w*!" me ; I therefore Sett others at Work who from their dis-
course in their ifretfull airs, had heard it said th' Geist was to
have the 6 Pistolls for takeing off the Patent of Davison &
the Widdow Thompson's Land.

But Whilst this Matter was in Agitacon in Aprill Provincial
Court 1721 th*" a Record was defaced that morning; & th' 3
or 4 Titles of Laud had been torn out of a Record Book. The
Chief Clk like a sorry fellow, suffered me to have the news
thereof from the Town, rather than by his own informacou, w'^''
if it had, as it ought, irnediately followed the Discovery, I
might possibly have detected the Villain & seized the torn
Records Upon him ; but the Provincial Court was set before
T had news of it. At their Riseing from Dinner I Exhibited
An Informacou of what had been discovered & of the Person
suspected. They IliTediately Issued a Warr! Ag' him ; but the
Delay in discovering the ffact to me as soon as it was known,
p'vented the desired success ; for th' Delay gave to one of
Clarkes ffriends to Advise him of what was doeing. He ab-
sented himself th' night because he would not be taken by the
Officer ; but came to Town the next day & then surrendered
himself. Th' which fastned the thing upon him was his being
in the Office th' Morning, & made search in Sundry Record
Books, & Appeared to be his Interest to deface th' Record, for
the Gaining th' Land thereon Recorded, to him self w''*' was a
little before in Agitation.

These Evill practices & what more there may yet be of the
like Nature as yet Unknown, Ariseing from the Great Liberty

given unto Poeple of Comeing into the Land Office, I thought
it high Time to retrench it as well to the Dep'f Agent as to
the Poeple in Gen!!; for all thd I had Often times threatned
to remove the Reg! if I found a Crew of Poeple about him in
the Office, it was all to no purpose ; & he told me he conld
not help the Poeple from goeing into the Office nor looking
into the Books. These other practices falling in w"" the Affaire
of the 6 Pistoles, oblidged unto a New Regulacon thereof. I
therefore began w"" Giest, of whom I had been told sundry
things; & told him, but apart, th' he had no longer any Liberty
of Comeing into the Land Office ; but th' in Any thing relat-
ing Unto his L'^ps. Affaires or Interest it should be dispatched
for him as soon as demanded, w'!'out any ffee or Reward ; but
th' the Duty of my Office Oblidged me to take Care of the
Office. But the Gen' as it seems by Griffiths Dep!! thought
himself priviledged & came Along w*"" others into the Office
the next day. I then Publickly checkt him, & let him know
th* the Office was no place for him, nor those he brought along
w'? him ; & therefore as soon as possible, I got an Inside hatch
made, w"" Iron spikes at the Top to keep all Poeple Out, wl'' I
find very necessary to be don ; & th' no other p'"son but the
Clk Who is Answerable for the Records have the handling of
them. Nor am I at all better satisfyed w'? M' Geists Conduct,
because of a Memorial in his Own Justification w"''' our Gov-
ern"^ was pleased to hand to me, for in th' he Acknowledges in
part what Griffith swore as to the 6 Pistoles ; & the Govern!
remarked thereupon, th'' Griffith & Geist had playd so long
into One Anothers hands th' now they were fallen Out About
the stakes.

The Affaire had the Worse Aspect w'^ me, because I had been
some time before made in some Manner Acquainted w*!" the
Ground of it. D"^ Davison, for whom the Business was to be

don, was severall Times wl*' me. I advised him very Candidly
in his Business ; but I found he had farther designs than was
Agreeable to law or Justice & discountenanced him in it ; but
when Riddlesden who was said to be Expert & deeply practiced
in Vilany, came to have a hand in it, it is no Wonder if he
plead his own part, & under the Countenance of friendship,
Addressed himself unto the Widdow, & so got an insight into
the Affaire of the Land in dispute between her self & Davison,
& among other Circumstances he ifound th' the Original Grant
was Wanting. The Widdow was surprised & knew nothing
of it ; but Riddlyden to make all sure Advised [her] to be
very dilligent in the search of her Patent ; for th' she would
certainly loose her Land if she did [not] ffind [it]. Thus he
Excited her Care ; & Engaged her by the fear of looseing her
Laud, to Endeavour the Recovery of her Patent ; but all search
was in Vain. He brought Davison the Joyfull news, th' the
Patent was not to be found ; & so among them the Mischeif
was hatched ; th* Geist (if it be true what Report saith ; &
what Griffith hath swore) should have a p' of Money for deface-
ing the Record & takeing of the Copy or Rather Exemplifica-
tion of the Patent Recorded iu the Land Rolls. Nor doth
Geist deny th' there was something in what Griffith Swore ;
but in his Appology made thereon he turns all to redicule ; yet
it Appears, th' an Affiiire was a negociateing in the Office for
D! Davison, th' Geist & Griffith had a Quarrell in the Office
about it ; th* after some reproachfull & biteing Language Geist
left the Office & Went Imediately Unto Davisons House (w''^
Geist says was the nearest, but he might have housed himself
in half the space) Griffith follow'd calling out & makeing use
of scandelous AVords, untill he came unto Davisons Shop ; then
as Geist farther saith in his Appology, " I then desired Davi-
son to Acquaint him," Griffith meaning, " th' I had reed from

him," meaning Davison " six Pistoles : w'^'' was told I p''test,"
Continues he, " w''' no Other design than to jeer Griffith," So
far his Appology. Whether or no Geist design'd to jeer &
laugh at him in Davisons shop, I will not determine ; but it
seems they were both of another Temper when they had the
"Words in the Office ; & when Griffith followed him in the
streets pelting him w'.*" seandelous Words, it is plain something
was to have been don. It is all plain allso th* Griffith & Gefst
did not Quarrell for straws ; his own Confession th* Davison
did speak to Griffijth of 6 Pistoles, w"*" w*'' many other Circum-
stances conspire in makeing out the Charge. Riddlyden was
too notorious in Britain to Want a Charecter. Davison was
little short of him, Consideratis Considerandis : he hath been
Convict & at Sundry other times try'd for perjury. He was
allso Arraigned for Burning our State house, to take off the
Record of his Conviction, as some poeple supposed ; & so Ad-
mirably well versed in the Managem' of the Petit lurys, that
he practiced the same skill & Cunning for his ffriend Riddlyden
as he had used for himself in that. Such Conversacon shew'd
the Mann ; & were it not for his L'^pp who as M"" Lowe told
me had a Respect for the Man, he should hardly have con-
tinued in any Pub. Employm' For as I had been Advised
by M! Atfny Gen!! he had told at the Govern'!^ Table th' I
forbid him the Office, because he had made a Discovery of
M! Wardes Land to be Escheat. I taxed the fellow w'!^ the
Report. He Acknowledged it, & th' he could tell for what
else I turned him out of the Office. Such base suspitions are
suitable to such Vilanous practices: & found the Reward of
my Modesty in not stigmatizeing the fellow publickly for those
Crimes I had Advised him of in private. By this Charge I
find my self Involved in 3 Difficulties : first th' I Interrupted
his I/pps Dep'J Agent in makeing Proper discoverys of Es-

cheats &c=; Secondly th' Interrupted hira in his search of his
L'^pps Mannors & Others his Rights Ariseing Out of the Office;
thirdly th' I was Influenced thereto by his Discovery of Col.
Wardes Land to be Escheat.

As to the first, no discoverys of Escheat Lands are to be
made out of the Land Records. Original Rights only are to
be found recorded there. Secondly ; it is the thing searched
fcJr & not the turning & Tumbling over the books, th' is for
his L^ps Service. It is little Matter who doth it provided th*
his L''pps Business be don ; & Certainly the Clk who hath
given Security for his Well Abearance in his Office, is the
fittest person to make searches therein. But lastly in the thing
Complained of; I shall agree w'?" him tli' it were hard th* his
L^pps officer should be punished for doeing his duty (by turn-
ing the Tables the Case will be my Own). I will not trouble
you w"" Exposeing the Malice of the fellow in this Particular;
who was but too conscious of his Own Demerits. Col Warde
was told th' his Lands were Escheatable. He came to me &
asked my Opinion of the Matter ; but Upon produceing the
bequest of the Deed : the same & of his own hand Writing,
w*^!' I send you here inclosed (a Copy from off the Com""^^ Records
was lost in Mann) I thereupon told him th'' I thought his
Lands not to be Escheat; but th' he Ought not to depend upon
my Judgm' but Advise upon it. He afterwards he told me
th* he found his Title to be very good. Thus much Gen' I
thought fit to say in my own Justification, & th' it was not
out of Any Caprice or Slight of his L'!pps Officers, or Affiiires,
th' I have debarr'd Geist the Office. And for fear of Any
Injury s don unto his L!!pp. I have Ordered A Generall List
to be made Out of all the Warr" granted since my Time &
Resolve to collate them w'!" the Records of Certificates, the
Certificates & Patents, as well as w'.^ the Agents Acco'J; Whereby

every Slip or Mistake on the llecords will be detected. It is
a Work of some Time but shall be dispatched as soou as
possible.

Gen* I acquainted you in my last, th' for fear of disoblidg-
ing the Northern Indians, I had not as yet Published his
L'lpps Instructions for seating the Northern Parts. I shall
travill up there on tuesday or Wensday next, <& Design to
Attempt something w'l' those Indians ; at least will Endeavour
to prevail w*? them to come down & treat w**" our Governf at
Annapolis. You will please to see What Care S! W^™ Keith
takes of them, by the Inclosed Copy of the Reserve Warr' for
75000 Acres sent you in my last. You will now receive allso
Among the York papers, An Acco' of a Purchase made from
the Indian Sachems (the copy of that Purchase is No. 1) by
the York Governm! of tlie Lands on the West side of the Dele-
ware, near the head thereof, & to the Northward of the Line
of 40. M"" Charles Carroll in like manner purchased from the
Indians A Lycence to take up his Tract of Land, in the ifork
of Patowmeck & Monockkesey, & it seems Necessary before
we give any Pub. Notice th' some Measures be taken w*'' those
Indians ; who are by Reason of their Scituacon & Trade much
better Acquainted w*? the Pensilvanians than w'? us, & may
by them be set to do Mischeif, Unless we make some Treaty
w"" them About Extending Our Settlem'j into the Woods,
Where no Englishman hath as yet Planted.

Reports are so Various About Our Mine at Susquehannah
th* I dont know what to make of it ; but tis generally said th'
they have given Over Working upon it. Only they keep 2 or
3 Menu in Serch for the Vien. Others pretend to say th' they
have found the Vien, but desist w'^ Design, untill some Meas-
ures be Used to secure the Land.

Geni the Regulacons ffollowing w"'' seem Necessary to be
made in the Managem* of Land Affairs are humbly submitted
to y"" Cousideracon :

first th* it be a Condicon in all Conditional! Warr^f th* the
Lands so taken up be planted & Occupied w*Mn 3 : 4 or 5
years After the Location of such Warr!. Secondly 2 : 3 or 4
years be limited for the Issueing of all Grants of Lands, the
Escheat, Purchase, or Composition for Surplus Lands to be
pd ^v*:!'in the Time of such Limitacon, Otherwise to be flFree for
any other person to take up again ; unless upon Peticon Unto
y"" L^pps Officer for land Affaires a Sufficient Reason be shewn
as heretofore ; by which means the Business of the Office will
be greatly Expedited & many Abuses prevented.

Thirdly th' it be proposed unto his L^pp & if he think it
Reasonable th' a New Condicon be Annexed unto the former
Coudicons of Plantacons ; th' all Other Mines Except Iron,
w"'' is more or less all over the Countrey, as to Lands yet
Untaken up, be reserved in the Grants, in like Manner as the
Royall Mines.

Some of my Own Lands being under A Dispute, of wl*" I
cannot properly be a judge, nor th' it may seem proper to grant
any Lands to my self, as you will see by the Inclosed Paragraph
or Article of M! Carrolls Instructions Anno 1712, I begg the
same may be don in my ffavour, as well to the hearing of
Disputes as to the Granting of Lands. The Person proposed
is Either his L^pps Agent for the Time being : M^ Henry
Darnall, RicM Bennett or any One of his L'^pps Councill.

Gen= Disputes from the Mine Countrey are very Uncertain
& this Only is Certain th' our Woods are full of Mine Hunters,
we Want Skillfull Men ; & forasmuch as the Hon' is don me
of comeing into the Copartnership, it seems very Reasonable
& Advantageous th' upon the Opening & Discovery of Any

Valuable Mines of Lead, tin or Copper, th' I should have the
Power of Contracting w*!' such discoverer, so as to make the
Mine our Own, Allowing to every such discoverer, a Propor-
tion of their own discovery ; by w"'' Means we may have under
our Managem.' the greater part of the Mines & may then Work
them at Pleasure according to their Goodness. Great numbers
of Mines or tokens of Mine are flPound : the difficulty is in the
ffinding the Principal Viens ; w''*' I take to be Owing to the
Ignorance of the Miners. I shall set Out Tomorrow or next
day. the Dispatch of these Letters hath p^'vented me, else I
should have been among them before now. I send by this
Conveyance 4 sorts of Oar brought me since my last ; wl*"
please to Make An Essay of. I have a great opinion of the
Reddish Sort ; it is brought from Potomeck. The Other Peb-
bley sort is lead or silver, & is near at hand if good. I Must
likewise Advise th' my Great Expectacons as to S! W"! Keiths
Mine Begin to grow Languid. I have been very Curious in
Euquireys About the Lat. but see little Probability of its fall-
ing on this side of the Line of 40. I wish I had a small
lustrum', I would soon make a tryall thereof. As soon as I
return from the Mine Countrey, You shall have a particular
Acc^ of all such discoverys as can possibly be made by
Gen* Y! Most Obedient Serv*

Phile. Lloyd.

Not having compleated my Representacon of S! Augustines
Mannor, I send you a Copy of M'" Heaths Peticon upon his
refusall to joyn in the Examinacon of Evidences, & some
Observacons thereupon.

PHILEMON LLOYD TO

[Personal Explanations.]

Wye River July 30'*^ 1722
S!

My last to you was p^ Cap! Spencer wherein I acquainted
you w*^ Sundry Occurrences in the Managem' of Our Pub
AiFaires. this now p! Cap' Letton Entreats y! ffavour & good
Offices, in Case any thing should be represented by Esq!
Birchfield ag' me. Th* Gen! hath a great Many fine winds (?)
& turns in his Business, many more than can be called Hon-
ourable, for at our last hearing at the Chan'7 Barr Where his
Injunction was dissolved, he, by his Councill proposed th'
satisfaction should be made me, provided I would allow him
a little Time to get the Money ; & Endeavoured by th* Arti-
fice to get the hearing postponed for th* Time, & have kept it
on the foot of the Instruction for Another Court. My Conn-
cell advised me of the Motion. I went Imediately over the
Bay, Upon his Answer was, th' his Councill had mistaken
him. Alltho I had it from his Councill otherwise. The
this Artifice if my Councell had given into it, would [have]
hung the Cause still in Chan7 & it may be for the hearing of
Another Chancell^ As some p^'sons

I entreated the ffiivour of Cap!: Man, th' in Case you should
be Apprised of any Complaints ag*" [me] as to the Managem!
of my Office, th* you would be pleased according to what
follows, to sett that Matter Right. I do Assure you have the
naked Truth of the Thing, & th* the ffijundacon of any Com-
plaint ag! me hath been the preventing the Abuses don to the
Poeple : & even to my L^ too, by such as claimed A Right to

the Records ; but the Duty of ray Office & my Own security
too, Oblidged me to take such Measures, as would most
Effectually prevent the Corrupt Practices then creeping into
the Office ; for if my Lit^ Officers under the Colour of their
Office might have the liberty of Destroying Poeples Estates
for A Small Bribe to themselves, the Countrey would soon be
put into A fflame & my self made a Sacrifice. I turned Xtian
Geist (who was Coz Henry Lowes Dep'7) out of the Office, for
Undertakeingf to take a Patent of the Records for 6 Pistoles.
His Own Answer in an Appology made by Way of Remon-
strance is a tacite acknowledgm' of the thing; alltho setts it in
a different Complexion, than What it was shewn me in ; for if
One demands the Purse of Another Man & be afterwards con-
vict of it, a Plea will be thouglit very frivelous th' setts the
thing out as A jest ; & not a felonous Design of Robbing the
Man. No better is it for M! Geist to say, th* he bid Davison
tell Griffith th' he was to have 6 Pistoles for takeing such a
Patent off the Records, to teese & jeer the s*^ Griffith Only.
The ffact it self, the Poeple too concern'd in it w*? him have a
Melancholly Aspect. Riddlyden as ffamous a Convict as any
in Maryland ; Dl Davison as deserving as he (having been
Convict & at sundry Times Arraign'd for Perju[ry and
Slajnder, once try'd for Burning I had been teas'd at

Sundry Times about the Affair, th6 in Another Manner, by
Davison advised w'*" me how to resurvey a Part of A

Tract of Land includeing the Surplus. The Man would take
Answer; & would not Understand, alledging th' the
Owner w'''' was a Wid. woman would not Consent to the Re-
surveying the Division Line. I told him as the Line was
comon to both she could not prevent it, & th' I would grant
him such a power & should not be Opposed. In short I
found it was not so much his Own as the Widdows Land &

house he was so sollicitous oiF. Riddlyden was a fit tool for
such a piece of Work ; & as a p'"tended friend went to find
Out her Title. The Woman haveing no knowledge of her
Last husbands Papers could not readily find her Patent, &
after 2 or 3 Enquireys, ffinding [the] Patent not to be had,
they concluded it to be lost, & if the Record could be razed or
any ways defaced, she would not be able to make Out A Title,
& he might purchase her Lands of my L^ being so convenient
to his Own. For this p! of Service Geist as the thing Appears
was to have 6 Pistoles ; for nothing less could meant by take-
ing the Patent off the Record, for if the Copy only were
meant, Davison might have saved his ffee to Riddlyden, & had
his Business don by the Proper Officer for 50 or 60 pounds
of Tob.

This Alone was a sufficient Warr' for me to forbid Geist the
Records ; & were it not th' I knew how he was recofnended,
by his L^pp. I should have don my Endeavour to have had
him dismist his Employm' this Discovery hapned upon the
back of Another p" of Rougery, as you will see by the inclosed
proceedings Ag! his Clk. Who (if as all concurring Cir-
cumstances will have did not only deface & tear the Record
for his ow[n purpjose but [destrjoyed 2 &c. Writ up-

on the same leaf in the book, however Mr. Geist being one of
those the th'' signalize themselves in being my L! Baltemores
friends, was much pitied, & my self Censured for denying my
Ul Officer the liberty of his L^pps Land Office. The fellow
to make his Case the better & to conceal his own Roguery,
Invented a Scandelous Story of me, as if I had forbid him the
Office, because he had discovered Col. M L Wardes Land to
be Escheat, & to p'"vent farther discoverys. As it followed
from th* Position, I had deny'd my L'i' Officer the Liberty of
the Land Records, Whereas in Truth no discovery at all could

be made of Escheats by the Land Records. But notw^'^stand-
ing at the same Time th' I forbade him the Records, I told
Geist th' whenever he required it, lie might have any Manner
of Business out of th' Office th' was for his L^pps Service ; &
th' if my Clks did not dispatch him, upon Complaint it should
be Amended.

But the fellow could not have fallen upon an unhappier
Topick of Complaint ag' me, for as in th', so have I in all
other Matters relating Unto the Office Acted Religiously both
to my L*^,^ & to his Tenants, insomuch th' alltho some Poeple
have complained, yet no man ever saw fit as yet to Hazzard a
suit in the Courts at Law, for revokeing any Judgm* or Decree
past by me Jno. Hyde, Col Warde, as I perceived, had been
if his Land was Escheat ; & I believe as far as M'' Geist
& his ffrieuds were able it [wou]ld have been taken from him ;
had not Harry (who they were oblidged to Apply Unto

for Setling the Price) had not prevented it by Informing M^
Warde thereof. He came to me & sliew'd me his Case. I
told him very ifrankly th* I could not see his Land to be
Escheat, but Advised him to consult the Lawyers upon the
Clause of Cap* Murpheys Will by w''^ the Land had been
divised. He did accordingly & was assured th' his Land did
not Escheat.

I heard no More of the Matter untill the Present Atf"^
Gen" was so kind to tell me of a Scandelous Story, th* was
raised of me & told Publickly at the Govern" Table. I am
Aflfraid that Gen' is something too forward in Listening to the
Tale of such as bespeak themselves to be my L'i^ friends. I
did indeed Ask the Govern! about it, but he passed it oif as a
peice of forgetfullness, alltho he was afterward (upon handing
to me Geists Memorial, Wherein he tacitely Acknowledged the
Case of the 6 Pistols) pleased to say, th' he believed th' Geist

& my Clk bad been playing into One anotbers bands, & at
lengbt fell to quarrelling about tbe Stakes. But I sball be
Easily Acquitted, if I were not otberwise Secure ag! sucb a
scandelous Imputacon. in setting of Col Wardes wl*" will

serve As a ffoyl to set Integrity in tbe former. Had bis
L'^pp grant anew tbe Land &c. unto Col Warde bougbt of
y' Self. He Applyd Unto me for sucb A grant as did not
only amend tbe Error & mistakes in tbe former, but would
allso bave comprebended all tbe Vacant Land upon tbe He.
My Orders were Positive for it ; bad tbere not been a Limi-
tacon Annexed unto tbem. w"'' put tbe tbing upon my own
Judgm* & Candour. I told bim tb' I did not perceive any tbing
in tbe Course of tb* Affaire w*!? discovered Any Inclinacon or
Design in bis L^pp. to give more tban be bad bougbt, or was
contained w'4n tbose Pattents, tbe Amendm' Wbereof was my
Orders ; & being aware tb' tbere was Surplus Land upon tbe
Island, I tberefore Ordered Col Warde to resurvey tbe Wbole
& deducting tbe Quantity of tbe former Patents to compound
for tbe Remainder & tben to bave a Grant for tbe Wbole.

After tbis No man will beleive tb* I could bave any Inclina-
cons, to serve Col Warde ag' tbe Duty of my Office ; mucb less
to bave turned my 1/! Officer out of bis Office wl** must needs
bave been very disagreeable to bis L'lpp ; w'l'out baving a very
good Reason for it. But no Man can live w'l'out Enemys. My
strickt Adberence to my Duty at tbe Severall Pub. Stations I
bave Acted, batb gained me more tban any tbing else & par-
ticularly, in tbe L^ wberein my Adbereing unto my Lt^^ Inter-
est batb made me many Enemys.

S^ In my last I advised tb' Jurys were oddly Managed in
Csecill Co^J & tb' Influence upon tbe Affaires in tbose Parts
was incousistant w*? bis l/L^ Interest. & if so to make tbeir
Court w"' my L^ would gP'^ Sacrifice my Rigbts in tb' or Any

thing else to their boundless Ambition. I had never purchased
any Part of th* Mannor ; had I not been well Assured of the
Justice of it. & th' it did no Otherwise Interfere w*:!' my h^j
Interest, than as M"^ Heath was pleased to make Use of his
Ldpps ]s^ame to Secure his own Interest & Claime to Sundry
Tracts of Land w'^'' he had Unwarily taken up w'_''in the Bounds
of th! Mannor. I think nothing can Expose a Man more than
Deceiptfull Influence & double dealing.

The first Charges w'!!' M*" Heath brought ag' our Grant were
th* it was Surreptitiously Obtained & th* it was defective in the
Bounds thereof; either of w""" is fatall to the Grant itself; &
lastly it is said to be of dangerous Consequence unto his L'^pps
Claimes Upon Deleware ; in having Acknowledged An Equi-
table Right to be in the Poeple th' Planted there w'l'out his
L^pps Lycence or Authority. This indeed, if truly stated, may
be some illcouveniency unto his L'^£!'^ Affaires, but no ways
th' I can understand destructive of the Right of Grantee, w"**
is the thing M' Heath would be at, for be it no ways Affected
by the unwary or superfluous clauses in th' Grant. My L^
Baltemore about 4 years ago, & in Order to discover the defects
& Inconvenieucys of this Grant, if Any such there be in it,
laid his Coruand Gov! Hart M"" Henry Lowe M" James

Heath & my self to be laid before his had been the

letting his L'!pp into the Right Way. but this M'" Heath
Utterly refused. Coz. Lowe promised to Advise thereof. For
my part I thought it to be improper for he was a Party

to do it. I declined it allso out of Modesty ; but M" Heath as
I presume gott Order from my L*^ & upon th* an Ex parte
Comission out of the Chan7 Office, alledging it to be for his
L^pps Service to Examine Evidences upon the Eastern Bounds
of Bohemia Mannor, as the Western Boundary of Bohemia
Mannor might be Affected thereby. A strange Turn of Affaires.

A WonderfuU Change ! from 2 ifuDdemental Charges ag* S'
Augiistines Patent, & Another Argnm* cried up to be as bad
taken ab Inconveniente, to degenerate into a Regulacou of the
Boundarys only, instead of lookeing at the Legality of the
Grant it self. But granting this Regulacon proposed & Ex-
aminacon of Evidences upon the Eastern Bounds of Bohemia
Mannor, To be of Service Unto his L'^pp, as M! Heath ad-
vised both the Govern"^ & myself, Why will he not make it
Appear how, or in what Manner the doeing it will be for his
L'^pps Service? If he be so capable of serving my L^ why
will he not discover his capacity & Zeal by his Service? Really
I ffaucy the old Gen' to delight most in Private & retired Ways
& th* the sunshine is grown very Offensive to his Eyes. I
therefore Petitioned the Govern^ th' he would please to appoint
a Time for the makeing a represeutacon according to his L'^pps
Comands. Ap" provincial Court was the Time pitched Upon.
Mf Heath had all the Advantages imaginable on his side : he
bad long considered & digested what he had to say : he had
allready Examined Evidences according to his Own scheme ;
& what fFarther Designs he might have I know not, but I find
they were such as would not bear the Test here in Maryland.
Annapolis was too near to Bohemia ; & to bring Evidence
where they might be confronted, by Other Evidences of better
Credit, as well as Positive Records, he did not think to be for
his Advantage. He therefore put of the Matter upon the side
of Health, alltho well Enough to ride About the Countrey upon
his private Occations, as I am very well informed, & thus
avoided this meeting by the Govern" Appointm'^, as he had
before declined a Complyance w*!" his L**^^ Comands in the
same Case.

Things being thus circumstanciated, I find I cannot avoid
reflections, & it may be, deemed to have a bad Cause in hand,

because M! Heath will not let it come to an Issue. I therefore
resolved to do something on my own Part. I had allready
disobeyed his L^'L"" Coiilauds out of Modesty, beleiving th' my
Coz. Lowes notices of M! Heaths resolucon not to joyn would
have held me Excused, W'out being Obliged to make an Ex-
parte Representacon of my own Case, & so lay me lyable of
having said or don for myself. But now to Avoid Any farther
Dilinquency of the like Nature, I resolved, lest M' Heath by
his Silence & Cunning should defeat me a second Time, to
make a Representacon of the S' i^ugustine Affaires in the best
Manner I was Able. But I would not depend upon ray Own
judgm! solely. I therefore requested Ml Heath by Letter (of
w"'' a Copy is sent home Unto my Masters) to let me into the
knowledsre of such things As related Unto his L'^L^" Service &
Interest touching S' Augustines Mannor ; & the Gen* would
have avoided it by ffrighting my Messeng!' w**" a long Stay if
he Answered Mine According to the Purport of it. But as
soon as he understood th* the ifellow had Orders to stay for an
Answer be it never so long, he then doubl'd upon me again,
& let me know th* the Meeting me at Annapolis, would Answer
all my Demands, but another Letter of Excuse for Want of
Health, alltho' he was Actually As I have since learnt. Upon
S' Augustines Mannor & a takeing Up 1200 Acres of Land
w'^in the Bounds of it severall Miles from Home.

I then filed A Bill in Chan'-/, the Only legall & Regular
Way of Examining Evidence in Perpetuam Rei meraoriam.
He was cal'd up to joyn w* me & pleaded this July ChanY
Court ; but the Gen^ did not think it for his Interest neither,
& so refused to Appear in it, farther than by a base peice of
Practice, w"'' I doubt will come too much in Ure among Us,
to make an Interest at Court, for defeating me of my Councill.

himself Oblidged, Virtute Officii attatched Unto my L^! Af-
faires, this he Owns in his Peticou his Own Affaire ; &
yet would have had M"; Bordley Engaged long before he was
spoke to by him, to serve his private turn. As he had before
Whilst in Office Undertaken for my Lord. But if it be My
L^P' Case & really for his Service, why did he not Peticon
for the Present Att'ny Gen'i, for they are both at Councill w*.''
me. By this it Appears th' it is M' Heaths, & not my L^.' Case
th' moves up all this Stirr About A Grant, th^ hath layn in a
Peaceble & Quiet Condicon for a great number of years.

For if it were for my 1/^ Service in July last when M"" Heath
Obtained a Comission for Examining Evidences Unknown
unto me, can Cases shift sides, & the Examinacon of Evidences
this p'"sent July less for his L'^''^' Service, than it was last year
re infecta, & now th' he be called upon to joyn w'.'' me, in doeing
the same thing w"'' he was so sollicitous about a little before ?
If it were for his L'^pp'- Service then much more Avill it be so now
th* I am about to make longer & more Extensive Enquireys
about those Bounds. But the Gen* is too selfish : he is intent
upon his own Business only, & cannot think of serving my

his Own Interest is not concerned & Interwoven w'?" it.
Otherwise he would not joyn th' w*!' me in a Legal Manner
his own proceedure (by presidents of the ChanY Court
Void & insuficient in Law) w"'' he hath offerd
do mine. Wherein his Ul is much more concerned all th'

p''tended to about St. Augustine his L'^^p' Claimes I

meant unto the Lands upon Del. Bay up to the 40 Degree of
North Lat. There are two things particularly involved w"'in
the Circumstances of this Dispute, wl*" Relate very particularly
unto the Affaires of the Claimes ; by them it will appear th*
Either Mf Heath doth not Understand, or at least doth not
think lustly of them.

For if th' Gen' would have joyned cordially w'^ me, alltho
I know not if I may Want his Assistance in takeing Exami-
nacons touching the P]astern Bounds of Bohemia Maunor,
should have discover'd by such Antient Poeple as are still
Alive, th' there was not one strait Path or Road th' Passed to
the Northw'^ between Chesepeak & Del. Bays, more than 40
years after the Grant of Maryland. But M"" Heath may reply
th' this is not to his Purpose, but th' it will make Ag* him.
I know it very well but shall not therefore desist in my De-
signes, nor can there be any greater of the Lands ffoundacon
upon w"'' the Order in Councill of 1685 is built Viz. th* the
Lands in dispute upon Del. Bay were Inhabited & Planted
by Xtians at & before the Date of the L;! Baltemores Grant
by such proof to be Manifest, th' from New Castle down

Unto the Whorehill w'^'' is Accounted was not One

single Xtiau Inhabitant Whorekill it is true was planted
but th* will depend upon Evidences of Another kind, to
shew how th* Place was planted after the grant of Maryland ;
how cut off & left desolate, & not replanted Again Untill after
the takeing of Deleware by the English in 1664. But what
I think yet more strange in th' Gen' is in th! he hath barely
refused to joyn w'? me in a Comission to Examine Evidences
as af^ but the great Mistake he proceeded in, by Useing his
Possible to prevent me in having Any such Comission at all ;
for by this means his L'^p'' Would loose Sundry Evidences th*
are not to be had upon auy other Acco' Whatsoever. The
Design must wear the Disguise of the S! Augustine Boundarys ;
for to Enquire after the Antiquity of the Roads, & the first
Planting Upon Del : is like beating the Wind : some Poeple
will be Afraid of their Interest, Others are Curb'd from Above :
but by sticking close to the Recherche & Antiquity of the
Bounds of the 2 Mannors, we may draw in as much as is

Necessary or can be had of the other. If M! Heath thinks
Anv thiuo; of this : he will not come into it for the Reasons
Above; & for th' by it, I shall fix a Perjury upon all those
Profligate fellows th' were husslecl in, to make
Road of later standing, to be the Only Path made

by the Indians before any Xtians Inhabited the Parts : & the
Comon Western Boundary unto S' Augustiues

Mannors.

The other thing involved in the Dispute of the Claimes is
relative only. As M^ Heath is pleased to make it, unto th! Dis-
pute : th' is : the Reservacon made in the Grant of S' Angus-
tines Man! of an Equitable Right to those Lands they had
heretofore Seated upon Deleware Bay ; & w^Hn the Limits of
th' Mannor, w".'' M' Heath saith to be Dangerous & of Evill
Consequence unto those Claimes ; but I on the other hand Say
th* it miffht have been dano-erous if such a Reservacon had not
been made. At least the late Charles L!^ Baltemore thought
it prudent to do so, for fear th' Lands confirmed to the Poeple
by a Pub. Treaty, or lands afterwards granted by the Duke of
York & forcibly taken from them by my L^ might have given
disgust Unto the Court, w'''' my I/J Ancestors Industriously
avoided. I have the Articles of Surrender stipulated between
the Dutch & English at the Reduction of New Amsterdam &
Deleware Anno 1664; the XI Article Whereof is: th' the
Dutch Who were minded to stay there should Possess & Enjoy
their Inheritance accordins; to their Own Usao-es as heretofore.
I think a Question is to be made of it, but th' Articles of the
like Name were Stipulated upon the

Antient seaters Upon

of a Pub. & Nationall Consent ; however of their Acknowl-

edgm' of his & Dominion over them, to have don Other

ways might have been of some Advantage Unto Herrman, bnt
hazardous unto the Proprietor of Maryland. But why after
all M' Heath should refuse to joyn in such A Comission, as
comes Inclosed I cannot Imagine. In fine Si I take the liberty
to speak it to you under the Rose ; both this affaire & other
things allso look w"' a strange face. Some Grudge & Designes
too, I fiind ag? myself & My L^ suffers up the Bay, I fear, by
Encouragem' given unto Poeple th* Oppose M^ Vanbebber &
my self in the Affaire of Our Mannor, & from many Cold-
nesses wl^ I beleive proceed from my freedom in speaking

about M! H ys, who to speak the Govern? own Words

to S' W"^ Keith & others is but the he more than

once said before Col, Addison, Col. Tilghman & myself, th' he
thought the Gen' neither fit for Counsell, neither would he take
Counsell of him, some Persons must needs have odd thoughts
when they see such a person cheif & Councill! as most
Poeple take hira to be, but th' w*? surprises me most is th'

in May last of 10000 A!! of Land to be laid as 2
L** Baltemore

w'^'in 2 or 3 days I am bound up there upon finishing my
Lett'l' & first matter to the Govern^ he seemed pleased

w'!" it. Some person I am perswaded are Jealous of my ser-
vice to my L^ & had Rather Sacrifice his Interest then th' it
should secure my his favour. For my Part I have ever

had a Difficult game to Play ; I was crampt & slighted by the
late Manistry because I could not fall into all their Measures,
the Tables seem now to be turn'd upon me. Again there can
be no good from the Counsells of 3 or 4 persons th' are said to
have the Govern!.^ Ear in A particular INIanner. One of those

Mischeivious Agen'.' I mean Esq! B Id left Town 3 days

Ago, some Others were as far off: Some Poeple are made

Jealous because some Other People cant help Talking. For
my Part it hath ever been & shall be my greatest Care, so
long as I have the Hon! to serve my Lord to keep things in a
proper Channell if my L'' be faithfully served, & thereby En-
abled to receive the Just dues of the Governm' & shall much
longer well serve w%ut measureing how much be by

other Persons Abyss th' no man can iFathom for

retaining p^'sons th' have blighted my L'^ prop!.^ Governm* than
any other : but I soon have something more than Resenting
Private Revenues to be the Causes of On alteracons in

Governm' lest the success should not Answer Designs of those
th' are the most Zealous of his L'^pps Interest & Authority
over this Province. Pardon ST these Observacons upon the
Times, & if Anything should hereafter recall them please

to look upon them as Reflections of one who is a zealous
Admirer of the goodness of the

I am your Oblidged humble Serv'

Phile Lloyd

PHILEMON LLOYD TO THE CO-PARTNERS.

[Indians. Northern and Western Boundaries. Encroachments

of the Pennsylvanians.]

Oct' 8"? 1722
Gen!

In my last to you "^ Cap* Burton ; I took the Liberty of
tmposeing a great deal of Trouble upon you, in a long Epistle,
w°^ however I am in hopes will in some measure be held Ex-
cused ; as it related, either to my Office, the Advancem* of the
Countrey, or to your own particular Interests, wherein I have
been the more prolix, as I studied plainess ; & the giveing you

a Compleat Understanding of the severall things I treated
upon. You must give me Leave allso to remind you of what
I writ Concerning the Laying of Reserves, I acquainted you
of one Large one, th' I had made, and of others designed, &
entreated y' ffavour w*!" his L'lpp, to Confirm them & to give
me a Power to lay other Reserves, as I should see occation for
the Time to come, w"!" I think very necessary for our Comon
advantage, for I may be advised of a Valuable Mine, Say of
Tin, Lead, or Copper, & before I can make any further En-
quirey ; some peering fellow may ffiud a better Vein of the
same Mine, tho at some distance, and so take it up ; for pre-
vention whereof I humbly propose th' such a Power may be
Lodged w^^ me.

In my Last to his L^pp, I humbly represented the Conven-
iency, of an • Interview w*,** the jSTorthern Indians, & more
Especially w*? the Susquehannahs who seem to have the more
Imediate Claime to such parts of the Countrey as seem most
necessary to be seated, for the Present. The way of treating
w*.'' the Indians is all ways by p^'sents ; & I have Observed
th' when they come down to treat w*_^ our Govern! & sued for
any particular ffavour, or Stipulated any Article, they do it by
a Present of skins, According to the nature of the thing ; and
thus they do, article by Article, as the Treaty goes on ; but the
most remarkable Instance of this kind is taken from off our
Records, in relacon to these Susquehannah Poeple ; who being
drove away from their Town, and beat out of their fort upon
the head of Potowmack, were afterwards upon their Submis-
sion, and Application made for Lycence to come in, promised
safe Conduct ; yet they Postponed the Affaire for some months,
alledging th* they were poor at th* Time & must hunt first, to
gett some skins, to make psents of, w"'' according to their way
of Treating, was Essential to every Article. I beleive it will

not be displeasing to see something of their Manner ; I have
therefore Inclosed A Copy of a Treaty w'.'' a nation of the
Sinequas.

Upon all Treatys between us and the Indians, p''sents have
been Alternately made, According to the Quality of the Article
Agreed upon, as was practiced by my L^ Baltemores Comiss!
sent to Albany Anno 1677. So hath it been allways ifound, a
safe and suxsesfull Way, to purchase the Indians Right to Lands
th* are remote, and where any Considerable Settlem*f have been
made. It hath been likewise Observed th' the Indians never
did any Mischief on such Lands, whereof the Right had been
at any time paid for. I therefore humbly propose unto his
L^pp, th* some Treaty be had w* the Susquehannahs &c. upon
th*^ head. If his L^pp is pleased to lay his Coinands upon me,
I would ride up Among them ; th' is the Susquehannahs, the
Showans (who are a Considerable nation of the Southward
Indians ; and have a Large Town at the Divideing of the
Main Branches of Potowmack, as you will see upon my Mapp :
a Canton whereof, is now upon the Susquehaunah) the Con-
noyes= & the Oueydes allso ; who are to be met w*!" all about
30 Miles Above Connestogoa, and if I can ffiud any Inclination
in them to Suffer us to Seat Peacebly the Remote Parts of the
fforrest, they may be required to come down for the greater
Solemnity of the thing, & receive such Bounty, as shall be
designed the heads of them from our Governm*. Besides,
upon notice given hereof, a great Man may Possibly come
from Every Town of the five Nations, who by partakeing
w"" the Susquehannocks, may add the Greater Security to any
of our remote Settleml', as well as to all such Undertakeings,
as shall be thought fitt to be carried on for the Working upon
Minerall Oar. I have therefore Inclosed a Copy of an old
Indian Purchase made by the York Goverum', which I take

to be no other Rule in the Case but to let his L^pp see th' such
things have been don, and that Success may be Expected
from it.

I do Assure you Gen* th' something of this Nature, is very
necessary to be don ; for now, th' we are about Lycencing our
Poeple, to make Remote Settlem'J, we must likewise use the
Proper Measures to protect them ; for the Lands next above
our Settlem*^ upon the West Side of the Susquehannah, and
all along upon the West side of Baltemore Co'?', are Cutt off &
Seperated from the Present Inhabited parts by large Barrens,
many Miles over ; So th* as yet, the setlers there can expect
very Little Communication w*!' us ; yet if they should be Cutt
off & Murthered by the Indians we must Insist upon Satis-
faction for the security of our p^sent Outer Habitations ; w1^
may Involve us in a fatall Warr, But by this Means of Pur-
chaseing those Indians Rights, we may think our selves pretty
secure, as well from those Indians themselves, as from any
strange Indians th' shall traverse those Woods.

I must farther Add to my former propositions, th* as to the
Eueouragem' for the Hemp jManufaeture, his L'^pp will ffind
his Acco*_' in letting his back I^ands very cheap ; tli' is, by
Enlargeing the Time for makeing good Rights. I send you
here inclosed an Order in Councill for the Encourag-em* of
Seating the Lands near the Whorekill. The seating the Re-
mote Parts of Maryland to the Westward carries a greater
Appearance of Advantages w*? it, in my Opinion, then the
other ; for w'.'' out Encouragem' Poeple will not go so far back
as between Monoccasie & Connatachequa, as you see those
Creeks Lay'd down upon my ]\Iapp of Potowmack, Where I
am told is a Vast Quantity of fine Land. But this Eastermost
Side of the Monockasey, is the ffirst place th' will Naturally
be planted, and thence up along the Line of 40, if we can but

secure our Poeple there, & th' by the help of an lustrum' we
Can but ffind where or near About the place where th* Line of
40 Lyeth. But from the Heads of Patapsco, Gunpowder, &
Bush Rivers, over to Monockasey, is a Vast Body of Barrens ;
th' is, what is called so, because there is no wood upon it ; be-
sides Vast Quantitys of Bockey Barrens. If this Place were
well Seated, it would be a good Barrier unto the Province on
th' Side, & doubt not, but that it would in a few years, bring
on the Planting of th! other Vast Body of Rich Lands, th' lyes
something more to the West-ward ; and would likewise secure
our Countrey ag! the Claime of the Pensilvanians on the North
side ; for we are allready Seated to the Northward of th! Line,
w*? I lay down for the true Location of Pensilvania upon the
Back of the 12 Mile Circle, as they have encroached upon us
to the Southward of th' Line about Octeraro, & to the East-
ward of it, w"^ seems to be occationed by our own too great
Supiness ; & makes me so desirous now, of Seating farther up
the Susquehannah ; and if his L^pp should be pleased to grant
7 or rather 10 years Time for the Payment of the ffines for
Lands in those remote parts ; he will, I verily am p^'swaded,
have his back part of his Countrey Seated, by more than 10
years the sooner, & would be a good barrier not only against
the Indians, but the ifrench & Spaniards allso in Case of any
Rupture w*? those Crowns ; for if any Mines of Value should
hereafter be Opened w'Mn his L^pps Province, the Spaniards
may renew their Claimes ; or the ffrench Attack us on th' Side ;
w"*" Can only be prevented, by the Well setling of those parts ;
for the Lenght of Time, for the makeing good Rights, will
make the Poeple the Easier in the Laying an Obligation on
them of Planting their 300 A" w'Mn 2 years after the Return
of the Survey ; w"} will be more to his L'^pp^ Interest, than a
Longer Time, or the Lands to be ffree for any other Person.

But to return unto his Li^EF ; in Case the Rights be not made
good w'Mn the 7 or 10 years proposed, this may seem to keep
his L'^pp, for some Time out of his money ; no Gen', this will
Eifectually bring Money & Rents too into his L'^L"' Pockett ;
for Lands wi*" other wise would lye AVaste, and his Countrey
Unguarded ; for I am told allso, that some of the Ledges of
Mountaines to the Westward are Steep, Craggy, and Unpassa-
ble allso, Except at some particular Defiles w!!" may easily be
Guarded. But of this, if I live Another Suiner, I will be
able to give his L^pp a better Acco"; nor is it proposed but
th* such as take Up large Tracts should make good Bights, as
in other Places.

There are other Advantages, th* will Accrue from Setling
the Remoter Parts of the Province, by Conditional Warr*J as
above proposed : the Seotts Irish, & Palatines, after the news
of so great Concessions, will I imagine fflock apace in, & Even
some from Pensilvania it Self; & I beleive allso th' his L^pp,
w%ut any Discouragement to the Setling of those parts, may
restrain such Conditionall Warr'i in the Case of Mines, as he
doth in his Leases of Talbotts Mannor, & seems to be Neces-
sary to be don, in Case of Leaseing his other Mannor allso ;
especially those of North East and Elk, wi"" must needs be
a very Advantagious Proposition, in Regard to the Mine
Undertakeing, & not att all prevent the Planting of the
Countrey, where Hemp, and not Tob. must be the Employ-
ment of the Poeple from whence no Tob can be rowled.

Gen* I was show'd a Letter by ray Bro^ Bennett of Oct' the
first, wherein I learn, th' the Mine from whence I had the
Gray Oar sent you p"" Spencer, is seized by the Philadelphians,
who have Lately, transported many horse load of Oar from it,
& th* a Compt of Cornish Miners, Employed by S" W"? Keith,
had Run of it, and say, it is as good Tin as any in Cornwall.

The Place was unkuowQ unto me, thd the Oar brought to my
House for Tryall. The same person that wrote the Letter
about it, told my Broi" Bennett of it & Layd a Warr ' in his
name of (I hear since, it is 150 AL' only) 200 A? Upon it.
As soon as I heard of it I layd a Reserve all round it. It is
as I am told, for I was never at the Place, one Solid Rock ;
how Deep no Man knows, and of a great Circumference ; but
be it as it will, the Pensilvaniaus I perceive have taken Pos-
session of it, and are as that letter farther Adds, building
Works there. I shall be Able, to Inform you more of it ; p"^
Burton, who stays for some New Tob : and Proposses to Sayl
the Middle of 9t^

One thing Gen' lately Occured to me in Conversation, w"?
highly deserves y! Regards ; it is concerning his L^pps Title
to the New Connought or Talbotts Mannor. I thought that
Matter had been out of Dispute, since it was dropped by the
Com" for forfeited Estates; but I now find a New Title set
up, and a Descent said to be Cast upon the Heires of Talbott
himself. This I heard very Dogmatically Asserted and Main-
tained by M!" James Carroll. I offered some Reasons to the
Contrary, but ffound him so Warm and Positive upon the
Matter, that I thought it more prudent to Wave the Discourse
and turn it upon Another Subject, it being at a Public Table,
and in a Publick Time ; and at a Victuelling house where
Conversacons are soon made Publick, & the Least report of
such a Scruple would defeat all the Endeavours th* Can be
used, to make Sale or Leasses of th' Manner.

It is commonly rumoured th' Mf Charles Carroll had Orders
from his Lordships Grandfather, to sell 10000 A" of that
Mannor for the Use of MT Talbott ; but I allways took this
to be of Grace, not of Right, and so it seemed to be ; for the
Grants issued in his L^pps name to such as were purchasers

upon th' ffoot. But from whence this New Turn proceeds, I
cant Imagine ; unless it be to obstruct any thing that may
be don therein for his Lordships Service, So much of the
Grounds of this New Started opinion, as I heard was of Col
Talbott haveing been Convict & Condemned in Virg! could
not forfeit his Estate in Maryland.

This Case of Col Talbotts, I must confess is something par-
ticular. He Committed the Murther in Maryland and was
Convict thereof in Another Governm* ; but this should not by
any Means destroy the Sovereign Right of my L^ prop!" The
surreudring the Person of Col Talbott to be tryed in Virg?:,
was a Matter of Necessity : he had broke Prison and made his
Escape from th' Place ; and the Kings Govern' there Required
him of the Dep'-^ Govern!" of Maryland, as a Comander of a
Royall Vessell in w"? the Murther was Committed, had before
Conveyed him there.

But the iforfeituro arose from the Murther, & the Murther
was Comitted in Maryland. Shall my L* therefore loose his
Escheat? or if my L'? shall not have it, on whom shall the
Escheat fix? If on the king, will th' be Consistent to my
L"!.^ Charter ? if not upon the King, nor upon my L^ on who
then shall it fix? or is it agreeable to our Constitution th'
ifellony of Murther should be Exempted from any forfeiture
at all ? the Gen* Remember said th' a Person Convict of any
Capital Crime in England, did not forfeit his Estate in Ireland.
I am not a Judge, how far th' Gen" knowledge, in Law may
Pass ; but I can see a Vast Distinction between the Case of a
Gen* comitting any Offence in England, & being Convict &
Condemned for it in Engl^ as to his Estate in Ireland. & a
gent. Committing an Offence in Ireland, and being Tryed in
England ; wl'' Comes near to our prsent Case, for the Murther
of Rousby was a breach of my L^J Peace, from whence the

Offence Arose ; and the forfeiture was Confirmed by his Con-
viction. For had the forfeiture Sprung from the Conviction,
as the source of it, Something might be Argued Subtlely upon
it in ffavour of the Heire ; but seeing that the Offence was the
Material Cause of the fforfeiture ; & the Conviction, no more
than a Medium in the Application of it, most Certainly, the
forfeiture will fix w*?' the murther ; for upon his Arraignm' the
Charge to of the Jury was : " if you find him guilty you are
to Enquire what, goods or Chatties Lands or Tenements, he
had at the Time of the felony Comitted ; or at any Time since."
It is no matter where the Conviction was : the Offence was
Committed in Mary Id ; and from th* moment of Time, the
forfeiture comenced, of all goods & Chattels Lands and Tenem=
th' he was there possessed of at that time.

But however Strange the Gen*J Opinion in Law may be to
me, yet I Cannot forbear entreating the ffavour of y!" Enquirey,
& Resolucon thereon ; for any fals steps taken about that Man-
nor, may be of great prejudice to my L^, especially if any Com-
pulsion should be used, according to my Gen" Instructions;
that in Case of Refusall to Submit unto his L^pps Authority,
his L^pp would direct that the obstinate should be dispossessed.
I know not how tlie thing comes to be started at this Time ; I
never heard a Syllable of it before; and will therefore Lodge
it Among someother Mysterys w":'' Time only must discover
the meaning of.

It was w'!' much difficulty th' I prevailed w*?" our Govern^ to
let the Survey^ of Csecill Co'?' have an Order to run out the
Northwest Line of Talbotts Mannor. The Want of it when
he was up in Aug', as I hear, did us a great deal of prejudice.
He would not then Grant it ; there are persons about him who
I believe Diss wade from any Steps that way ; and it may be
are of an opinion too, th' Time may Approve themselves to be

the fittest Persons to serve his L^pp, in th! Affaire ; but if
hast be not made in it, the Land will all be taken away, and
Nothing left to Contend for. But haveing heard from above
how th' things Avas talked of among the Poeple, upon their
disapointm' in seeing th* Line Runn, w°'' they had been in
Expectacon off for allmost a 12 M°, I thought it absolutely
my Duty to press the Governf home upon it, and shewed him
the Instructions I had reed thereupon. At length it was
granted me ; & an order made to the Survey^ who was then in
Town ; but before I could perswade him to Undertake the
thing, I oblidged my self, to Endempnifye him and to pay the
Damage of his Confinement in Case they Carried him prisoner
to Philadelphia, & he not protected by our Governm! Our
Credit is very Low th' way, or else I should not have Asumed
to take the Liberty I had used in my former Letters, I need
not say any more of it. Our Poeple are Affraid to Serve the
Govern m' the others see, it & reproach us for it —

I hear nothing of it as yet ; the Survey! gott up the Bay the
Beginning of the Month ; if he doth his Duty ; it will in some
measure raise our Credit, and will Convince the Poeple th' we
dare Run into Lauds possest by them, in Spight of their
Guardians & Dep^I Guardians of their marches ; as they Call
them. But say the Worst of it, & they should Carry our
Survey! & his Comp^ away, there is no more than the Charge
of the thing. They have Confessed, it under hand (I have
seen it from S! W? & lames Logan too) that our Courts in
America have no jurisdiction of such Tresspasses ; what then
are we Afraid of? or why should he stand still w^^out the
Least Struggle for our Proprietor ? whilst the whole Countrey,
at an Hours Warning, is up in Arms for theirs. It is the
Rewards and Protection, they meet w'? that puts them upon
what they do.

I long to hear what the Survey!" hath don. If they let him
do his Office, we shall be Assured of that w''^^ I have long
Suspected, th' they dare not take up his L^pps Offic€r, nor any
other Marylander, notwithstanding their Repeated threats, So
far w'^'in his L^pps Province on th' Side, and so far out of their
own ; for they are not so well protected on this Side, as they
Suppose they are on th' next to Del Bay ; but if they think
themselves secure on th* Side, because by an Order in Council
those Lands are declared to belong to the Crown, tho in preju-
dice to an Elder Pattent, much more wee, who have the Sup-
port of the same Order in Councill for the Lands on the side
now in dispute, in Corroboracon of the Charter of Maryland,
unto the 40 degree of North Lat.

Whatever Turn this Affaire may take, I know not; but
must flFraukly give it as my opinion ; that the Carrying away
those Poeple to Philadelphia will be of great Service unto his
L^pp, for they must needs do such things w"" regreat, as know-
ing the Danger of it ; and if we give them further occations of
the Like nature, they wont know what to do w'?" our Poeple.
It must needs end in the Ruine of some of them, whenever the
Boundary is setled. But besides this, it will be some Awe, or
Restraint upon their further proceedings ; and will at least,
give my L^ Baltemore a very good handle to Complain of the
Abuses don unto the Kings Subjects, his L^pps Tenants many
Miles on this side the Province of Pensilvauia, where no Magis-
trate of th' Province nor of the 3 lower Co'Z.', hath any Power
or Jurisdiction. Such proceedings, whenever his L^pp shall
be pleased to make use of them, or thinks it a Proper time to
Assert his Claimes ; must needs tend to his L^I^ very great
Advantage.

Gen' I send you here Inclosed some Papers, relateing to his
jjdpps Qiaimes and proceedings. Anno 1683, whereby you will

perceive, th' my Late L^ Charles, was not Affraid to Assert
his Right even by force. But as soon as the order in Councill
was made, I ffind nothing more than that it was Ordered, the
March ffollowiug, to Maintain the Garrison at Xtina Bridge ;
for those Lands, being then Adjudged, to be the Riglit of the
Crown, I beleive my L^ did not much Care for burning his
ffinger w*?" em, and so remained Quiet ; only the Garrison, was
kept up & Maintained unto the Revolucon. But my Lf hath
a better Right now to use force on this Side, than his Grand
father had in doeing it on Del : side, because the same Order
th* gave them a Right on Del. Bay side, confirmed his Right
expressly to the Lands on the Susquehannah Side. I would
not thrust my self too busily into his L'^E?^ Aifaires, more than
becomes my Station ; yet Cannot forbear saying th' I think
Westminster hall is the ffittest place to make out his L*^!!?' Title
in. Things are so plain on this Side ; nor is all upon Dele-
ware of Equall Value w'!' what his Li'^l^ will loose by delays
on the other Side, where the same order in Councill, th' gives
them a Title to the one, Expressly Confirms the other unto
his L^pp.

Their Transactions Seem to be nothing but Cunning and
Design, backed w'!' fforce. They Insult, we bear it, and thus
the Wheel goes round ; and thus if we Let them alone they
will Attatch the whole Countrey, & his L'^I.p be nare the better
for those Treasures w'^l' nature seems to have Cast into his
Lapp. The Affaire of the London Comp".' Land of (30000
A^f I take to be little more then a Trick. The Land may be
laid out for some body in Trust, who Wait w'.*" Patience, untill
it can be pluckt away from Maryland. If it had any Right-
full prop"!^ it is much ; they never Appeared in the Behalf of it.
So it is of other great Tracts, taken up and held & Possessed
to my Lti^ great prejudice ; and we only Lookers on, whilst
9

they have made use of the best Interest in the Province ; and
Certainly my L*!" iFriends too ; for otherwise, I know not how
it could be brought about to support a prevailing Party in
such a Manner ; among our own Poeple. But our Governf I
beleive hath seen the Evill of it, & hath removed such as were
professed Enemys to my L'?

I hear a great Crye of my L^ & my L^ and Such were
Enemys to my L"?, but I can see such as have been, & Continued
to be Enemys to my L^J carest & made Evill Instrum'f of, to
serve purposses w'^? I am sure th* his L^pp hath neither Incli-
nacon nor Interests in. Pardon my ffreedom. Gen', it was
very galling to me, to see his L'^E?^ Authority Contemned, and
his Magistracy Trampled upon, only as the Means, to dispoyl
him of his p!perty ; &, yet I had not Interest enough to pre-
vent it, untill the thing became too notarious. There was a
Design in it too, that I am Sensible of. But every faithfull
Serv' should Lay Asside his own Schemes, and forgett his own
private Resentm'^ whenever his Masters Interest, must Suifer
thereby. Wl" that all his L'^pps faithfull Serv'.' may make the
Rule of their Actions, is the Sincere Desire of

Geni

Y! Most Obedient
Humble Serv*
Phile Lloyd.
P: S:

Gen*

Please to observe, th' the Inclosed Papers, & Powers to
Col Talbott, are designed only to prove, th' Untill the order
in Councill had determined in the Kings ffavour, the Late
L= Baltemore was no ways Doubtfull of Asserting his Right,
unto the 40*1' Degree of North Lat., tho he was Cautious of
being an Aggressor, alltho I ffind by \\ie Inclosed Order of

Coimcill, on ]\Iarch the 5"^ 1685, that his L^pp after th^ Order
in England, sent directions for keeping up & Maintaining the
Garrison at Christina, w''!' was in the very Heart of the 12
Miles Circle. So should I Advise to Act in all things Cau-
tiously & to avoid giveing any oifence on th' side ; but to keep
our own ground, even where the Councill in England hath
determined ag' my L^ ; but not to be Afraid of Asserting my
L*^ Rights on the other Side, as you may see by drawing a
Line, upon the back of the 12 Mile Circle, on the Map sent
home, more or less Westerly, yet Parallel unto the Meridian
drawn thro the Centre of New-Castle Town, w"^ is the Separa-
tion of the tract they pretend unto, if they are tied up to any
pretentions at all, for instead of an Equal Part of th' Tract,
they have & Claime more then the whole Istmus of the Pen-
insula, w'^'' According to M^ James Logan, in his State of the
Claimes, Appears to be Eifectually made by the Great Branch
of Elk. & the Bite th' bounds Westerly, just below New Castle
Town & not above 10 Miles Distance from one Another. But
should they take it to the Divideing of the whole Tract be-
tween the Susquehannah and the Delaware, w*? I beleive they
design th6 asshamed to own it, (for thereby they take it in
great part of the head of our Bay ; and Abundance of Settlem'^.^
of above 50 years standing and some of more then 60.

Yet Nottingham & Talbotts Mannor, granting them all
that, will fall w'^'in the Land Adjudged to my L'! Baltemore
as Comprised w^.'^in his Charter. Shall we then be Afraid to
Assert my L*!^ Right ; where an order of Councill of Great
Brittain Strenghtens and Confirms his L'^pps Title by the
Charter?

Certainly Gen^ this way of Trifeling gives them Encourage-
ment. For my Part, I see plainly, if we dont do something
soon, they will possess themselves of all the Lands, above the

Octeraro Line. I should be glad they would be Aggressing
upon us ; but our Poeple are so dispirited, for fear of Wanting
Protection, th' they will do nothing, nor am I assured, whether
the Justice of Peace that the GovernT directed to go w'_'' the
Survey" will Attend it. If not all is Marred Again, for I am
very Impatient to see what they dare do upon Talbotts Man-
ner, w*? whether it be my U^! or M^ Talbotts, is yet w'J'in the
Certain Limitts of Maryland —

Gen* Y! kind representacon of the Peticon & Case of the
New Munster Poeple, is Earnestly requested by them &

Gen* Y! Hum> Serv!

Phile Lloyd.

GOVERNOR BENEDICT LEONARD CALVERT
TO CHARLES LORD BALTIMORE.

[Aifairs in the Province.]

Dear Brother.

By Cap*° Russell in August Last, I wrote to you, and gave
you some Account of our Assembly proceedings in the pre-
ceeding month, and sent you also the Printed A-^otes of the
Session ; I now send you the Journall of the Upper house, the
perusall whereof, with the said Printed Votes, will sufficiently
inform you of the particular matters, therein Debated, with the
mode and Circumstances of their final Issue.

I think I have little to Add, by way of Supplement to my
Observations on those particulars, in my last letter. Except
in one Instance, which the Votes or Journall may not fully
apprize you of.

You will find a Bill for the Emission of a Paper Currency
passed the Lower House, long Debated and much amended in
the Upper House, and at last upon the Amendments proposed,
rejected by the Lower House.

It were Needless as well as tedious, to trouble you with the
Grounds or reasons for those Amendments insisted on by the
Upper House and rejected by the Lower ; Since it would of
Necessity lead rae into the Detail of the Country affairs in
Generall, as well in relation to the Publick as to the private
Interests thereof, in Various matters of trade and property,
the which, not being necessary for the present I shall omit. I
shall only therefore observe to you, on the first Amendment
proposed, and which I Insisted on as a Sine qua non, to the
Bill ; Viz' the s'! Act not to take place untill your pleasure
therein should be known. This being the Leading Amend-
ment proposed and known to be insisted on, overset the whole
Bill ; for while a set of poeple in the Lower House, were
disputing, or rather Denying your right to Dissent to Laws,
you may Easily imagine, they would not in the Eyes of their
Deluded followers, so far weaken their pretention as to admit
of this Clause, which must appear a tacite Confession of the
same right they had pretended to Oppose.

The reasons which Induced me to insist on this Amendm'
arose : First, from the Consideration of the great importance
of the Act proposed ; an Importance Indeed I thought too
great to be Suddenly Carried into Execution, upon the hasty
or even most Considerate resolutions of as weak Legislators.

Money, or somewhat to answer its Current Effects in trade,
is Certainly much wanted here ; wee may Barter between one
Another our Staple Tobacco, but to Carry on and Inlarge our
trade Abroad, & to Invite Artificers, Shipwrights &c to settle
amongst us, another species of Currency in payments, seems

very desireable. New York, Pennsylvania &c are vastly im-
proved in foreign Trade, as well as home Manufactures, by a
Paper Currency ; it is that, in lieu of Specifick Coin, which
seems, to give life. Expedition, and Ease to trade and Com-
merce. This has drawn them into Communitys or Towns ;
thev are daily growing more and more populous, and are Sup-
posed to Increase as proportionably in Credit and riches. In
Virginia and Maryland, the Case is much otherwise ; Tobacco,
is our Staple, is our All, and Indeed leaves no room for any-
thing Else ; It requires the Attendance of all our hands, and
Exacts their utmost labour, the whole year round ; it requires
us to Abhorr Communitys or townships, since a Planter cannot
Carry on his Aifairs, without Considerable, Elbow room within
his plantation. When All is done, and our Tobacco sent home,
it is perchance the most uncertain Commodity that Comes to
Markett ; and the management of it there is of such a nature
and method, that it seems to be of all other, most lyable and
Subject to frauds, in prejudice to the poor Planters. Tobacco
Merchants, who deal in Consignments, get great Estates, run
no risque, and Labour only with the pen ; the Planter can
scarce get a living. Runs all the risques attendant upon trade,
both as to his negroes and Tobacco, and must work in variety
of Labour. I write not this in malicious Envy to the Merch*!,
nor do I wish them less success in business ; but I heartily
wash the Planters Lay was better. When our Tobacco then
is Sold at home, whatever is the product of it returns not to
us in Money, but is either converted into Apparell, Tools or
other Conveniencies of life, or Else remains there, as it were
Dead to us ; for where the Staple of a Countrey, upon forreign
Sale, yeilds no return of Money, to Circulate in such a Country,
the want of such Circulation must leave it almost Inanimate ;
it is like a Dead Palsie on the publick, Since it can never

Exert its members or faculties in the pursuit of trade and
Commerce. An increasing Country and growing people, as
this is, and a Staple, at best Uncertain, but of late visibly de-
clining in Value, as Tobacco is, wishes the people here to look
about, and Enlarge their foundation in trade, to the which
money or some Currency, which may answer the same uses, is
necessary, and the Expedient to such End, is a Paper Currency
as proposed in the Act. I herewith send you a Copy of the
s'! Bill, as it Came up from the Lower House ; the Votes and
Journall will show you the Amendml' proposed by the Upper
House with which, the Bill would generally have pleased here.
I should be Very Glad to have the Bill Consider'd of in
England, and to know yT thoughts upon it, which would be
Very Acceptable to many here. For the people are impatient
for some such kind of Relief in their Circumstances, and, I
Dare not Venture to pass any such Law here without Even the
Consent of the Crown, for an Instruction of the Late Kings
Dated the 31'_' of Aug : 1724, It seems to require that no Law
of an unusuall or Extraordinary nature should be passed here
untill his INIajesties pleasure was therein known, whereunto
referaence may easily be had in Councill or Board of Trade
Office. This was Indeed the main reason, for my insisting
on the first Amendm' before mentioned, for referring it, untill
your pleasure should be therein known. I was Confidant that
would answer the Royall Instruction, being secure, that you
would never send in an Assent on your part, untill you were
Assured in form of the Crowns ; which by the s^ Instruction
seemed previously necessary. Having observed thus far on
the s'? Bill, it is submitted to your Consideration at Home. I
am Utterly Incapable of Advising in things of this nature,
the beginning whereof is obvious to the meanest Conception,
the Consequences of it in futuro, can only be Guess'd at

and provided for, by such as are more Conversant in matters
of that nature.

I shall now trouble you with a Word or two, upon the
General situation of Aifairs in Government, that I may re-
ceive your Advices and Instructions in the fullest manner ;
and I think, by taking a View of the relation the people bear
to you and you to them, in the points of Interest, I shall best
Explain myself to you ; You are their Proprietary of the Soil,
and as such, the people from time to time owe you and may
be Compelled to pay you Rents and fines ; you and they have
for some years past compounded for their Value another Way.
The people, grow Jealous, that you have too good a Bargain ;
you on the other Side, have been I believe informed that the
Amount of y^ Rent Roll, exceeds vastly, the Equivalent you
Accept of. I must deal so Candidly, as to give my Opinion,
that their seems Error in Computation on Both sides. It is
Certain the people Could no ways so Easily, so insensibly pay
their Rents as by this method now they are in. The Poor
and Orphans, scarce bear any share in the present payments.
The Husbandmen, from the Produce in Stock and Tillage pay
nothing, which is a great Incouragemeut to Husbandry, so
necessary and beneficial to a Young Country. In short the
traders who purchase Tobacco, bear the greatest share, from
the Shoulders of the planter ; and yet it is as nothing to such
trader ; for as M' Bennett, a great and knowing trader here
Observes, the trader gets as much for his goods as he Can, in
Tobacco, having Allways the whip hand of the Planters neces-
sitys for Cloaths and Tools ; and when people are aiming at
getting such Advances on their goods, as from 100 to 200
p^ Cent, the Value of 2! p! Hogshead Duty is scarce Calcu-
lated or even thought of. Thus in Generall is the Composition
easy and almost Insensible to the people.

To you I think it of a like Nature, since first the payments
are regular and good, with the least trouble so much money
Can be Collected with. I Do not believe your Rent Roll, can
amount to above 6000 p! Ann. which Could it be Collected,
great Defalcations must be allowed for Charges and Losses in
the Collection, It would be allmost impracticable to get Bills
of Exchange for a regular remittance of the produce ; if they
could be got, it Could not be under less than 8 or 10 p5 Cent
premium.

The Philadelphians frequently are obliged to give near that
premium for Bills ; and the greater the Demand for Bills
would grow, the Higher Premium would be Exacted. But
alass, they Cannot be Collected, there is not money enough here
to be got to make regular payments from time to time, So that
your officers must take Corn, Wheat, Beef, Pork, Tobacco or
some Commodity of the Country, the Conversion whereof into
money, and from money into Bills, must be a Vexatious, Ex-
pensive, and allmost an Endless an Insuperable task. I shall
say no more at present, but pray for the Continuance of the
Agreement.

The next Concern you and the people in point of money
Interest are Engaged in, is the 15 pence for the Support of
Government. The people are but too sensibly apprized, that
that support is in their own free Choice, to the which you
Cannot oblige them.

And surely it is the greatest Advantage that can be had
over a Government, and things can never go well in the
plantations whilst the Planters are so generally proud, petu-
lant and Ignorant, and have the Common necessary Support
of Government so much under their thumb.

This Superiority, as I may term it, of the people over the
Government, seems Unaturall, and is I am sure repugnant to
10

the very Ends for which Government was Instituted, viz. an
Authoritative Influence for the good order of Society.

I am in hopes that the present Contest on this Subject with
relation to New England, will so far be Determined next
Session of Parliament, as to Vindicate the rights of Govern-
ment in Generall, and awe such as have not yet, th6 they
may be ready to play the New England Game. It would be
Extreamly happy for your Ease and Quiet, should the Parlia-
ment in some Vote or Law include all the Governments in
the Plantations so far as to provide an Establishm? Certain
for the Support of the several Governments. As I know not
here how aifairs of that nature do or may stand at home, I
shall give you a short sketch of the footings on which the
Support of Government hath hitherto stood in this Province ;
Lord Csecilius, had 12 pence pf Hgd. During Life; our
Grandfather, Lord Charles, had the same, with the Additional
Extension for and during the life of his Eldest son Ceecilius
in case he survived him. Viz. for their two successive Lives.
After the Revolution, when the Crown assumed the Governm',
the 12 pence p! Hgd for Support of Government was by Act
of Assembly taken away from our Grandfather, and Vested
in the Crown for that use for Ever. This was in 1692, Gov!
Copley's Time. After Various revisals and renewments of
the Laws by Orders of the Crown, I find in Gov! Seymours
time. Viz. in Sept, 1704 was Enacted An Act, Entituled,

An Ad for Settlement of an Annucdl Revenue on her Majes-
ties Governour within this Province for the time being —

Whereas by An Act of Assembly &c formerly made &c.,
and so recites the Act for settling 2' p! Hgd. on the Lord
Proprietary, A^iz 1^ for acceptation of Rents in Tobacco at 2
pence p! pound, and V. p!" Hgd. for the Support of his Gov-
ernment &c. By this Act, as the Government was out of his

Lordships hands, they Settle the s^ 1' p' Hgd. (before Settled
and Intended for the support of Government) for the future
to be levied and paid unto the Queen her heirs and Successors
for the support of her Government, for the time being in and
over this Province.

This Law amongst many others, was in April 1715 whilst
M' Hart acted under the Crown, revised and reenacted. By
all this you will perceive that the Proprietarys had at least
for life the 1' p^ Hgd for the Support of Government, and the
Crown had a Settlement therein for Ever.

I now Come to the restoration of the Government to the
Proprietary. Our fathers time was so short as not to Afford
any transactions of this Kind. When it Devolved on you,
the Countrey found themselves engaged to pay their rents in
Money according to the Patents, for the V. p^ Hgd. premium
for Acceptance of Rents in Tobacco at 2 pence p' pound, de-
termined with our Grandfathers life. Therefore you and the
Country negociated the Agreement which hitherto from time
to time hath been renewed. Viz. 2' pi" Hgd. in full lieu of all
Rents and fines. This being to be Confirmed and Established
by Law, the Assembly Collected the Severall Imposts on To-
bacco into one Law, and so by one United Act Settled the
2' for Rents and fines ; the former V. for support of Governm'
to wl*" (having enlarged the Guage and Tare of Hogsheads)
they Added 3 pence more, Viz! 15 pence in the whole. Now
as herein was the Composition for yT Rents, L'? Guilford doubt-
less thought it not proper to Confirm such Agreement for a
longer time than your minority, that when you Came of Age,
you might remain at full and Unquestionable Liberty to Con-
tinue, alter, or totally Dissolve such a Composition. There-
fore was the Law made pro tempore only. By it, the Revenue
for the Support of Government, which used to be for longer

Continuance as above related, became as temporary as the
Composition for Rents. An Error, whether Designd or not
by the then Assembly, very mischievous in its Consequences
to you at present.

How this Inconvenience can now be avoided, is worth
Consideration ; and I wish it may be found practicable. The
reason of a more certain settlement of the Support of Govern-
ment, is in the sense of all Sober people, confessedly with us,
and the rule and Custom all along in this province seem to
Evince it ; but I fear little dependance is to be had, on the
operation such reason may have in the minds of the Malevolent.
But at all Adventures, I would recommend the taking the best
advices how it might behove us to proceed in Case of a refusal
to Support the Government as usuall. How far, and wherein,
the long Custom of 1! at the least f)r that Support, may
Countenance a Constant demand of the like for the future.
Whether any, and what use may be made in your favour of
that Act of 1704, Settling 1! on the Queen Her Heirs and
Successors for the Support of Her Government for the time
being in this Province, whether by the Devolution of the
Government to you, with other Rights and Adjuncts of Gov-
ernment, that 1' may in any Legal Sense be deemed to have
Devolved to you, or be invested in you to and for the same
Purposes. These Enquiries, may amount to a good precaution
against all Events.

The next matter wherein the Interest of Proprietary and
people, may seem to meet, or have any referrence to each
other, is the Settlement and rights of the Severall Offices in
Government. Long hath been the Contest about Officers
Fees, which doth now so far aifect your interest in your
Officers that Since y!" Dissent to the Regulation made in 1725 ;
the Officers are without an Execution for their fees, which

makes them very ill paid, to the no small loss of the Officers,
but really to a Disrepution and disreguard of their Offices ;
since every Insolent fellow thinks himself free to refuse -paym* ;
and Brow beat, as it were, the Officers. And is besides a
Continuall Bone of Contention, and a Specious Handle to
amuse the Ignorant. It is too true that by the same reason
an Abatement was made in 1725; they may Every three
years Exact a farther Abatement, untill the Officers should
by such repeated Abatem'.' be reduced to the mean wages of
the Commonest writing Clerks. For my part I should Im-
agine fees to be Due by Originall Right without an Establishm^
by Law ; and it is remarkable that the severall Laws made
here relating to fees, have been stiled Acts for the Limitation
of Officers fees, and not for the giving or Granting them.
How far reasonable or unreasonable the Regulation of 1719,
the last you Agreed to, may be, I shall not enter into, being
to be thought a party Concerned ; but as Even that Regu-
lation, is a clipment from the Law of 1704, and that from one
before that &c, I would deduce this reasoning, that if the fees
twenty or thirty years agoe were not thought unreasonable,
the Law of 1719, which reduces them to much less cannot I
think be Deemed so, since the Country is doubtless much
more able to Support Offices now, than in those Days. I
shall now Beg the Liberty to recommend some Queries to be
Advised on ; —

1. Whether you have by the rights of your Charter
Power to Establish fees, where there is no Law to Ascertain
or Limit them.

2*1^ If you have such a Power, in what manner may they
be best regulated by such Power ; and How can you Enable
the Officers to Exact such fees EiFectually ?

S^^7 If your Charter may not warrant such a Power, whither
must the officers resort to, for a Settlement thereof certain and
secure on the Assemblys refusall to confirm to them such fees,
as they have hitherto Enjoy'd ; or what Course can the Officers
take to recover their fees ?

^thiy ^liether, whilst there is no Law here for fees nor any
other Certain Establishm' the Officers may not recover fees at
Law According as they are settled in the Courts of England,
by the Very Rule Lay'd down by these people, that the Laws
of England are to take place, where our own are Silent.
And in Generall How it may be possible and more Convenient
to Come to Certainty in this Affair.

The Consequence of some such Inquirys as these to the
Honour and quiet of your Government seems very Evident,
for wee here know not which way to turn ourselves in such
nice and important matters. Wee can do no more than insist
on yf regulation of 1719, pursuant to your Instruction ; but
that will not get us the fees, unless wee can be put into some
method to Exact them without the help of an Act of Assembly,
which cannot easily be Obtained.

I have for this time done with Publick Affairs, wherein if
I have tired your Patience, tho I hope I have not beyond
Excuse trespassed on your goodness.

In your kind Letter of April 3!:' 1729 wherew* you favoured
me, you order'd me to Acquaint MT Lloyd, to remit to Cap'
Hyde for y^ use, the Quota out of the Secretary's Office w*?
M' Lowe used to have. Before I saw MT Lloyd after the
receipt of yours, I received a Letter from M! Beake wherein
he Desired me to send him a Copy of the Commission to him
and Lowe, which is here recorded, Upon perusall whereof (in
the Copy herein Inclosed) you will find the s*? Office Granted
to the Survivor of them, which, being a transaction so very

early iu your minority, I imagined you might possibly have
forgot when you wrote your letter ; and as Mf Beake by
Desiring a Copy of the Commission, seems to have that Sur-
vivorship in View, and doubtless long agoe has apprized you
of his thoughts that way, if he has that View, I thought it
most convenient to deferr Speaking to M^ Lloyd, untill I
should receive yT further Commands therein ; which I will
answer, will be time Enough for any jiayments he will make
on that score. I have sent M^ Beake a like Copy of the Com-
mission, which in Common Civility was not to be refused, and
Which being publick on record, might Easily have been had
from any one Else.

I have heretofore mentioned the necessity of Besurveying
your Mannors, without which much of them will soon be lost.
Many daily Incroach on them, and the Evidences that Can
only prove bounded trees, as daily grow Old and Drop oif.
Your Orders to your Agent therein will I think be of the
Utmost Consequence to y! Landed Interest, and not for the
Above reasons to be Delayd. Your Mannor of Pangayah is
they say already Swallow'd up, for people pretend, that no
one knows where to find it.

Ned Continues very thin, and his Cough and Spitting
very troublesome. I much fear the Approaching Winter will
hardly relieve it. The Cold Season is a relief to me. Wee
have been lately up to Philadelphia on a Visit to Gov!' Gordon,
where wee were recieved in a particular Handsome manner ;
but I was Extreamly ill both there and in my whole Journey.
Since I Came home, I have had a severe flux, but it has
carried off the Cholick, and with the Sharpness of the weather
I begin to have a little Apppetite, which for the Summer Six
Months I was an Utter Stranger to, living that time I think
in Continued Misery and pain ; but as yet there are few things
that will stay upon my Stomach.

I beg leave to remind you of a Matter, which by Ml Lowe's
Death, possibly you may be a Stranger to : Viz. That after
the Last hearing before the Attorney and Sollicitor Generall
about the 3 Lower Counties, a Great many Papers of yours
relating to that Dispute, were left for their Perusal and per-
haps may still be there.

Pursuant to your last powers given me I have Sworn Col.
Rider of the Councill, who I hope will give Satisfaction. I
shall to the Utmost of my power recommend such to that
Board, as will be of most Credit and' use to it, and follow
your Advices thereto, as Close as possible ; but believe me,
such men as ought to be Chosen, are not Easily got, and few
men Care for an Empty Honour attended with trouble Mdth-
out some recompense.

There is not places in the Government Sufficient for all,
and the Country refuse still to pay them Even for Attendance
when Necessary.

It is in Vain now to Expect to gain the Country to do it ;
they say the 15 pence p! Hdg for the Support of Government,
raises such a Considerable Sum more than the Salary Settled
on the Gov!", that you ought to pay y' Councill out of it, if
you think they Deserve any reward for their Attendance ; and
this is preached with the more Spiteful View that the Coun-
cill should think themselves Slighted by you, whilst you
refuse to pay them for Attendance. They farther urge, that
the Councill in Virginia is paid by the Crown out of the
Revenue for the Support of Government, and that the Reve-
nue raised here for Support of Governm' is greater than
Ever it was before y^ time. As to this Last Assertion,
it is true, that the Additional 3 pence for the support of
Government, is more than Equivalent for the Increase in
the Gauge of Hgds.

I hope D! Brother yon will favourably Accept this rough
Draught of y!" Publick Aifairs ; of y! Private Interest you
will I suppose hear from others. My Weaknesses I doubt
are many, but yet, sure I am, they cannot outnumber my
Affections to your Service ; For I am Most Sincerely and
Entirely Devoted to you as becometh
Dearest Brother

Your most Affectionate Brother
Annapolis and most Obliged Servant

Oct. 26"\ 1729 Ben".' Leon" Calvert.

GOVERNOR OGLE TO CHARLES,
LORD BALTIMORE.

[Affairs in the Province.]
My Lord

In my last I gave your Lordship an ace' of our putting

into Falmouth, w"? place we left the 5* of October, and landed

here the 2^ of Dec! after a very ruff passage, the particulars

of which however I will not trouble your Lordship with,

knowing very well that you Saylors only laugh at the misery

poor people suffer on these occasions. Your Brother received

me very Civily, and I did every thing as I thought it would

be most agreable to him, so that I beleive we acted in every

Respect as you intended we should ; but after two or three

days when I desired to talk a little more freely with him

about governing the Province to your Lord'?^ advantage, I

found him a little more reserved than I could have wished

him to be, which I can hardly think could proceed from his

natural Temper, if it was not for the extream bad State of

health he enjoys, which is much worse than I imagined, and
which I beleive has not been mended very much by the help
of Physick, which he takes more of than any one I ever knew
in my life ; and in those few things he did mention to me
I found his Sentiments as different from your Lordships as
M'hite & black, which you will find when you see him. He
expressed a good deal of concern at the want of courage which
the Council shewed upon several occasions upon which I told
him that as it was for your Lordl^ Interest I hoped he would
let me know which of them had failed him. He said he
could not tax any of them with infidelity, but that honest
men might differ in opinion, and that some had not so much
courage as others, with some other things of this nature ; I
then desired him to let me know which of them had shewn
this want of courage which had given him so much disturb-
ance, upon which he told me plainly it was impossible to get
a Council in Maryland to act as they ought to do, which was
all I could get out of him on this head. At the same time
he gave me such a terrible ace' of the Assembly that all things
put together were enough to frighten a man out of his wits ;
and indeed I beleive as he himself says, a great deal of his
Sickness has been owing to the harsh usage the Country has
given him. As the country has certainly entertained strange
& unreasonable jealousies and prejudices against your Lord-
ships Government, and is as hot as possible about the English
Statutes, and the Judges Oath, I make no doubt of being
furiously attacked on this head ; however let the worst that
can be happen you may depend upon my punctualy observing
your orders, and I hope in the main I shall be able to act both
to your Lordl^ Satisfaction & Advantage, tho I must own to
you freely I think it would puzzle the best Capacity in the
world to doe one half of what is wanting for your Lordships

Service for besides the encroachments of the Pens several peo-
ple have set down upon your lands without any warrant for so
doing, your raannors have been very much abused without the
Tenants paying your dues ; your offices in so much contempt
that they dont receive half their fees, and indeed some of them
are merely nominal without any manner of profit ; and what is
of worse consequence as I am informed the right your Secre-
tary has of naming the Clerks of Counties at his pleasure,
has not only been disputed but carried against him, and
acquiesced in ever since Bodelys time to the great lessening
of your Lordships power, as you may easily judge ; so con-
sidering all these things I realy think other people dont want
your offices more than you want able men to raise them to
their due value. Coll Mackall the late Speaker of the As-
sembly and the Rest of the Justices of Calvert County had
all refused to take the judges oath, so I found that County
in the utmost confusion at my landing which obliged me
immediately to Issue out a new Commission to others which
has had the effect we intended, all of them having taken the
Oath. I have alsoe by the Advice of the Council eall'd a
new Assembly for the latter end of Feb'"^, tho we dont intend
to proceed to business till July. Both your Bro & M^ Llord
talked exceedingly against any manner of agreement with
the Pens, it being very easy as they say to have full Justice
of them by law, in which, notwithstanding all they said, I
think they had no reason to be so sanguine, considering the
surprising encroachments they have made upon you for some
time past, several hundred of your Tenants as I am informed,
having within these few years, gone over to them. How-
ever tho I could not agree to most of what they said, there
is one thing so very material I thought myself obliged to
give you notice of it ; M" Llord says the Line that makes

the Taugent to the Circle about Newcastle will cut some of
the Rivers in the Bay, particularly Sassafras Kiver, and that
the very Circle will cut the head of Elk River by which
they will have a free communication with the Bay, which
is a thing of such consequence that if you have not yet signed
your agreement I hope you will think it proper to insert a
clause particularly to prevent any thing of this kind ; if you
have Signed, as I know both your intentions, we must try
to mend the letter of your Treaty by the spirit of it, if
there should be occasion, as there will be room enough to
do in the execution of matters in which there must of course
occur many difficulties ; and indeed by what I have heard
since 1 came here "I begin to think that reasonable men
appointed Commissioners on both sides, might settle the
Bounds better by having some regard to the present pos-
sessions than by striking too closely to the streight line which
may perhaps make greater alterations than can be at present
foreseen ; but as one can only make conjectures about this
aifair for want of a good map of the country, I must leave
you to judge of the reasonableness of what I offer. All this
regards only the Lower Counties, for your streight line that
fixes your Northern Bounds I think can have no objection
to it. The Pens encroaching so much upon you as I am
informed has encouraged the Virginians on the Eastern Shore
to make some attempts of the like nature ; and some of your
Land about the upper part of Patowmock is likewise in some
danger all which matters I will take care to look to in time,
and in every thing else will use all the dilligence & care I
am capable of. I cant promise to do every thing to your
Lords^^ Content, but this I am sure of, that no body in the
world can set about yoiu- Service with more Zeal & true
Concern for your prosperity than I shall do, so that I hope

at least you will be perfectly satisfied with the sincerity of my
intentious. As I know your Brothers sentiments in many
transactions for the future will be very different from mine,
& many people ready to represent things to my disadvantage
without many to speak in my favour, I must here once for
all beg the favour of your Lordship not to condemn my
conduct absolutely in any thing till you have told me what
you think wrong, and have received my explanation of the
matter, which I shall always give you honestly & plainly.
I dont know whether Charles Calvert and I will always
agree in our sentiments but at present we are upon very
good terms together, and I realy beleive he will act very
honestly & sincerely for your Lordships Interest. As to his
own aifairs I take him to be none of the best managers,
no more than of his constitution w"'' is in a very bad con-
dition. I have with every body else endeavoured to carry
myself as evenly & civily as possible without showing the
least disregard to any set of people whatsoever w4iieh your
Bro!' would have had me do ; which Advice I thank God
I had the Grace to resist, beleiving firmly that it is for your
Lordl^ interest to leave room for ev^ery body to offer their
Service to you that are able to assist you, and I find plainly
that nothing in the world has hurt your interest more than
your Governours declaring open enmity to such men as
Bodeley & Delany who were capable of doing you either
a great deal of good or harm and trusting your affairs to
such as could not possibly do much one way or other. One
particular gentleman I find has given a good deal of offence
to the Country by having too many places given him. I
mean Mf Ross who I find was recommended by your Lord-
ship for Clerk of the Council, but as he has I think four
others besides that, it is very probably more than your Lord-

ship intended for him, and I must say more than is for your
Lordships Interest ; for I think the places you have ought to
be managed as mftch as possible not only to keep up your
interest with the Country Gentry, but likewise be given to
such people as are capable of serving you well in their par-
ticular posts, which is as good a way as I know to retreive
your Lordships affairs in several points when they have been
but too much neglected ; but as I dont know what particular
Regard you may have for this Gentleman, I shall do nothing
till I hear from your LordsE As to People that may apply to
you hereafter for any places here I hope you will not think it
proper to give them any encouragement, it not being at all for
your Interest to send over such sort of Gentry, which we are
in no want of already ; tho it will be much to your Lordsp!
Advantage as well as your Tenants in General, if we can
contrive any way to increase the number of your laborious
common people. M"" Eyons who was recommended to you by
My Rawlinson is exactly such a one as your Lords!" guessed
him to be ; he talks a great deal of husbandry and improving
Land, and at the same time is perfectly indolent and incapable
of serving either himself or family any other way than by
accepting a good place, which I am sure is not my power to
give him without acting contrary to your Lords^^ Interest.
If he had half the Industry he talks of lie might do very
well upon some of your Lords^' mannors where there is room
enough for a Tenant to live very well and pay the small Rent
due to your Lordsp Here I must put your Lords! in mind to
give Coll Ward some directions which he says he wants about
Arundal Mannor, having it seems had formerly some different
orders relating to that from the others. I have received your
Lords'^" Madera wine ; two of the Pipes were so much damaged
that they leeked out near a hogshead & a half which I am the

less troubled at because the Avine proves exceeding good. I
have taken the best of them, cased it very well, and put it on
board Cap' Wats for your Lords^. As it is excellent wine of
the Sort if it should not prove to your tast it will be hardly
worth your while to have any more; but if you like the sort
of wine I shall be always able to let you have a Pipe of
right old wine, intending allways to keep up my stock now
I have so good a foundation, I must therefore beg the
favour of you when you see M! Hyde to direct him by the
first opportunity of a ship that touches at Madera to order
me a couple of Pipes of the very best the Island affords.

When I am thorougly settled I hope to keep all accounts
very clear \vith your Lords? ; but for the first year being
obliged to have every thing at the worst hand, I shall be kept
poor in spite of my teeth ; therefore hope you will not think
me long in coming to an ace' with you for your Wine & other
matters : I must likewise beg the favour of you to let Coll
Ward know when my Sallary commences, which I suppose
you intended should be from the date of my commission ;
however as this depends wholy upon yourself we have noth-
ing to do but to acquiesce in your directions. As I dont
intend to live extravagantly so I'me sure I dont love money
enough to keep me from any expence that I think necessary
for your Lordships Service & my own Credit, and I am sure
you cant be served well unless your Governour lives some-
thing like one; therefore as I shall not have the Talent of
laying up money very fast, if a Pleuretick feaver, or any
other curst acute distemper which a great change of climate
makes people subject to, should cut me oif suddenly leaving
my small Finances in very great disorder, I hope you'^ have
the goodness to shew my Bro" Luke what favour you can
conveniently. This Request I earnestly make to you in case

I should have a call to the other world, tho I cant help flat-
tering ravself that I shall stay some reasonable time longer in
this, the country in the main being very healthfull, tho the
distempers that happen to take oif people are very quick in
their operation. I please my self very much with the hopes
of hearing very soon of your getting a son & heir. However
not to trouble your Lordship with any formal compliments
upon this head, I shall only beg the favour to present my
humble Service to Lady Baltemore who I hope will increase
your family very much, and to be so kind to give me early
intelligence of whatever happens to your Lordships Satisfac-
tion & advantage which will always give me as much pleasure
as if it happened to myself: being with great truth & sincerity

Your Lordships
Most devoted & most humble
Servant
Annapolis Jan7 the lO'H 173L Sam: Ogle

GOVERNOR OGLE TO CHARLES LORD
BALTIMORE.

[Affairs in the Province.]
My Lord,

Being to set out for Newcastle in a day or two I have left
this packet ready for Cap' Hoxton whom we expect will Sail
before our Return. The inclosed Address to M"" Penn, as
your Lordship may see by the date, was made before your
Lordsl' jorney to Burlington, but did not come to the knowl-
edge of any body here till very lately. What Policy they
had in it I shall not take upon me to determine, but I cant
help being pleased with one thing, which is that M"" Penn

in his answer does not seem to rely very much upon a Spe-
cifick performance of the Articles, but only says if the ex-
ecution of the Articles cant be effected, he has no reason to
doubt but the Equity of their cause and common Justice will
compel a division at least as advantageous as that directed
by the Agreement. This compelled Division I long for very
heartily, and hope it will be another sort of a one than what
they desire ; but however matters may go to your Lordst^
liking or otherwise, I hope you will be so kind to give us
the earliest advices of every thing that we may be able to
do our best for your Lordsl'* Interest. The inclosed Queries
to S! E^ Northey are what M' Carrol says were ordered by
your Grandfather to be laid before him ; but I cant help
thinking that I never knew any body present a case to their
Lawyer drawn up more to their own disadvantage, for in the
first Query, the two most material points are left out ; one
is that the words more or less are explained in the conditions
of plantation to be ten "■§ cent ; and the other which must
prevail in any Court of Equity is, that if a less quantity of
Land happens to be Included in the Survey than the warrant
directs, the deficiency is always made good by your Office.
These are points too material to have been omitted therefore
I hope your Lords!! will think it worth your while to have
the case truely stated and the opinion of some good Lawyers
sent over to us, since S! Edw"? Xortheys opinion is much made
use oif upon this occasion. The other point in relation to
a Reentry for non payment of Rent seems to be given up
by your LordsP_^ altering the form of your Patents ; however
there can be no harm in having the best advice concerning
it. Your Lords! knows very well there must of course be
great complaints & grumlings amongst people who used to
hold their land for nothing & do with your Mannors what
12

they pleased ; however I assure your LordsE I shall go ou to
do exact justice between your Lords! & your Tenants with-
out the least Regard to what any of them may say or think
about it ; which I hope will bring your Estate to such an
Income as will shew my gratitude to your Lord!! for all your
favours better than can be expressed by words. M^ I^iggs
& his friends have agreed upon the Terms of Farming P :
Georges, Charles & S' Marys Countys, and Mf Chew & his
Son in Law, Thomas, have agreed to the Terms for Ann
Arundal & Baltemore Countys, and we are going on as fast
as we can about the Rest, as likewise the Mannors ; but the
dilitariness of peoples proceedings in general is so great that
it is impossible to do business so quick as could be wished ;
but I am sure nothing shall be wanting on my part, and I
can very truely assure your Lords! that I have ten times the
trouble about these things that I have about all other matters
whatsoever. As to what relates to Governm' we shall follow
closely your Lordsps Sentiments in every thing as far as we
can remember them, and dont at all doubt that we shall meet
with your Lords!" Approbation, I have nothing new to ac-
quaint your Lords! with upon this head only that the putting
the Council at the head of all the County Commissions oc-
casions great speculation amongst our Patriotic Politicians,
and two or three of our Cheif Justices have refused to Qualifie,
tho' they will not own this to be the occasion of it.

The Assembly of Phyladelphia is just broke up in the most
confused manner that can be : the house in general doubted
much if the Powers of Governm' were legaly in M"" Gordon,
therefore resolved to make no laws whatsoever ; but designing
to be very moderate and as they thought prudent, they voted
M' Gordon his usual support, which they sent him an Ace'
oif by four of their members, at the same time acquainting

him in a private manner with the reasons of the house being
determined to adjourn themselves ; which was in short that
they wanted satisfaction about this Commission. The old
Gentleman, as the Pensylvanians say, having got his years
support in his hand, used them haughtily with many bluster-
ing expressions and contrary to the Advice of many if not
all of his friends, sent a message to the house by Charles
touching the unreasonableness of their breaking up without
any occasion when so many laws were necessary to be made for
the good of the Country. This message put the mild people
of the Lord in great wrath & Anger but some of the most
moderate ones representing to them that an Entire breach
with the Gov"" might at this time have fatal consequences, they
brought them to this moderate answer to the Govl^ message
that they would not at present enter into the particular reasons
of their adjourning themselves because they must of course
be very disagreable to him ; however they could not help ac-
quainting him that his message was very unseasonable : upon
which they immediately adjourned themselves. As these Godly
unforgiving people are mightily incensed against MT Gordon,
and what is worse, have his annual support in their power, I
fear his time for the future will be but indiiferent amongst
them. Poor Lawson died a few days ago_, which gives me
a great deal of concern as he was a very usefull man in his
office ; so that I cant but think his death is a real loss to your
Lords? He is succeeded by one Bedoe who has been a Clerk
in the office for many years.

Macnamara is now Deputy Collector to Rousby in his room.
Rousby is in a very bad way, drinking by fits as hard as ever,
so that it is very well worth your Lordsps while to have an
eye to that place. Before your Lords? receives this I hope we
shall hear of your Safe arrival in England after such a pros-

perous voyage as may reasonably be hoped for at this time

of the year, if your Lords! met with the least sort of distress

I hope it will determine you to bid adieu to the Sea for ever

which is the Sincere prayer of

My Lord,

your Lordships

most faithfull &

most humble Servant,

Annapolis, Aug. 25"' 1 733 Sam : Ogle

GOVERNOR BLADEN TO CHARLES LORD
BALTIMORE.

[Affairs in the Province. A Comet.]

Annapolis Jan7 221 1743-4
My Lord

I have the honour of your Lordship's letter of the 10*? of
August by Cap* Wall who was twenty weeks in his Passage.
I think my self happy that your Lordship expresses a Con-
fidence in my Zeal for your Service which I shall allways
endeavour to deserve. Your Lordship need be under no Ap-
prehension of my giving the Assembly any Account of your
Revenue ; it was never in my thoughts, and you may observe
I denyed it them upon theyr first Application : You may
depend upon my strict Observance of your Orders in relation
to an Assise Law as well as to not passing the Levy Bill
without that for 3 pence for Arms. As for the Assise Law
that pass'd last Sessions, your Lordship never gave me any
directions about it, but had talk'd with M!" Jennings fully
upon it who acquainted the Council with what he thought your

Intentions and upon his Report the Law pass'd. [M"" Jen-
nings misrepresented my intentions.] * I cannot but express
my Surprise here at your Lordship's Suspicions of the sincerity
of My Jennings. [I judge every one by their actions.] * I
must in Justice to the man say I really believe him Zealous
and faithful to your Service, and his Enemys here, who are
not a few, universally allow him to be so, and excepting in
the Affair of the Assise Law wherein he thought himself fully
instructed by your Lordship I don't know any one Step he
has advised wherein he has not concurr'd with the opinion of
every body else in the Council : As for any particular Byass
to him I assure y^ Lordship I have none, and the refusal I
gave him of the Chief Justice's place till I had your further
Commands is a proof of it, & such a one perhaps as he has
not heartily forgiven me.

The Assembly is to sit in March, I owne I expect nothing
from them. The putting off*theyr meeting and the Dissents
(of which and every thing else relating to this Province your
Lordship is certainly the best and properest Judge) will fur-
nish theyr Leaders with pretences enough to frustrate any
hopes of Harmony between the two Houses, so that I am
mistaken if they pass the Bill for three pence for Arms which
being followed by the refusal of the Levy Bill will compleat
the Disunion. Let theyr 111 w\\\ to me be ever so great, it
shall not hinder me from doing my Duty to your Lordship,
& Depend upon it, My Lord, I will give up no points that
regard your Interests.

Your Lordship takes notice in your letter that the Lower
House seem'd to dispute your right to dissent to Laws. As
ignorant and illiterate as they are, I can hardly think they

* Words in brackets interlined in Baltimore's hand.

dispute that Right in your Lordship to auy Law whatever ;
that they will grumble whenever a Law they are desirous of,
is dissented to, may be expected, especially as it is the Study
of two or three men here to Create uneasynesses & heighten
Dissatisfactions upon every occasion. Doctf Carroll & Phil :
Hammond are the Chief Incendiarys ; and nothing is a greater
proof of the unhappyness of this Country in the want of a
proper Education of theyr youth than to see such men blindly
followed by a whole people and look'd upon as Oracles &
Patriots, whilst at the same time they are such Jews in theyr
private Transactions that hardly any body will venture, unless
forc'd by the utmost necessity, to have any Dealings with them.

As for the Laws not being sent home in time I assure your
Lordship MT Ross was not to blame in it. Col : Gale has I
dare say explain'd it to you ; it was he who sent home the
first Copy to M^ Ogle, for which I suppose the Printer being
pay'd ready mony, a kind of payment he is not used to from
the Publick, gave Col. Gale the first Copy which he took
down with him to Somerset and sent it by a Ship from thence.
It has been allways usual to send your Lordship the Laws
by some Ship that goes from this Port ; and the Ship that
Carryed your Copy was I dare say the first that Sail'd after
it was printed. Yf Lordship will please to remember we
have but one Printer, & if he is disposed to be idle we have
no way to make him otherwise. I must say M! Ross is not
onely a very able but a very dilligent Officer.

M^ Dullany has drawn up a Representation which I believe
will be sent you from my self & the Council of the low State
of our Tobacco Trade and of the Immediate ruin which must
follow to this Province if a Law be not provided upon the
footing of that in Virginia to mend our Staple, which at present
has lost all its Credit both in the Country & in Europe.

My Wife & Girls present tiieyr Respects to your Lordship,
and I am with the greatest Truth Your Lordships

Most obedient and
Most humble Servant
Tho : Bladen.

We have had a Comet for some weeks, & which Still con-
tinues, whose Tail is of a most prodigious Magnitude and
brightness, and which people say here makes a far greater
Appearance than that of the Comet which appeared two years
ago. When the Comet is Set its Tail may be very plainly
seen streaming from the Horizon near a third of the Way up
the Heavens.

GOVERNOR BLADEN TO CHARLES
LORD BALTIMORE.

[Tobacco Law.]

Annapolis ifebruary 3^ 1743-4
My Lord

About a Week ago I troubled your Lordship with a long-
letter by Capt : Blakiston, in which I mention'd an Intention
of presenting you with a Representation from my Self and
the Council in relation to the low condition of our Staple and
the great necessity there is that some speedy remedy be ap-
plyed. Our Trade being in the utmost danger of being lost ;
I have now the Honour to enclose this Representation to your
Lordship sign'd by as many of your Council as could meet
together at this time of the year. Your Lordship will see
that a Law upon the Plan of that of Virginia call'd the In-
spection Law is the onely remedy that is thought likely to be

effectual ; that the Lawyers are willing to retrench something
of theyr Fees in order to facilitate the passing such a Bill,
and that it is expected the Clergy will do the same with
respect to theyr Dues. I leave your Lordship to the reason-
ing of the Representation itself which is Submitted to your
Judgement.

The Gentlemen of both Houses being very uneasy at the
apprehension of meeting so early in the year as March, which
is generally a bad Season, and my not having heard from
Col : Gale since he saw your Lordship has determin'd me to
put off the Meeting of them till the latter End of April.

I rec! by Cap' Wall his Majestys Coinand to take Care that
any Ships of War or Privateers going from this Province be
Instructed not to make Seizure of or Molest any Ships be-
longing to the Republick of Holland without Just Cause.
Your Lordship knows we have no Ships of War tho we some-
times have Vesseles with Letters of Marque. I have Wrote a
letter to the Duke of Newcastle which I herewith Enclose
open to your Lordship, which if you approve I beg you will
order M' Browning to Seal up and send to the Duke's Office.

I have sworn Mf Lloyd one of the Council according to
your orders.

By what M!" Jennings informs me of your Lordship's In-
tentions in Case of IMf Rousby's Death, I shall give him the
Collector's office if the Vacancy happens in the Surveyor

Genr"^ absence.

I am allways My Lord

yf Lordships most

obedient & most humble

Servant

Tho : Bladen

GOVERNOR AND MRS. BLADEN TO CHARLES
LORD BALTIMORE.

[Division of Somerset Co. Temper of the Assembly.]

Annapolis febr^ 18'.^ 1743/4
My Lord

I have received your Lordship's letter of the 261' of Octo-
ber in relation to your Dissent to the Bill for the Division of
Somerset County by which I find your Lordship seems very
much dissatisfycd that I did not publish your Dissent upon
the receipt of it. I am very sencible it is not the Buisness
of a Governour here to take upon him to keep back or defer
publishing your Lordship's Dissents, & nothing but my Zeal
for your Service could have perswaded me to a step so dissa-
greable in it's Self and for which I appologized I think by the
strongest Arguments in Reasoning. I knew your Lordship
could not be apprised of the merits of the Bill at the time
of your Dissenting, and that as Col : Gale was upon the Sea
going home he would very soon inform you of all that could
be say'd for or against it. That your Lordship could not be
sencible of the Confusion that would follow from Publishing
the Dissent before the Assembly met to pass a Bill to Aid the
Proceedings in the new County, which must have all been set
adrift by an immediate publication, the Suits wherein great
Progress had been made must have been Commenc'd anew,
and Debtors and Criminals discharged out of prison, all wliich
would be avoided by deferring it till the Sessions and your
Dissent in no sort deprived of it's full EiFect, besides the great
Probability I thought there was that when you had heard
Col : Gale your Lordship might change your opinion as to the
13

Law itself, in which I hope I have not been mistaken, for th6
I am very much obliged to your Lordship for saying you will
not in this Instance give me the Mortification of Dissapproving
my Conduct, yet I protest I should be sorry any other Heason
than a Conviction of the Expediency of the Thing should be
your Motive to recede from your Dissent ; for the Fate of
the Bill, abstracted from your Lordship's Service, is to me
perfectly immaterial & indifferent. As for any body's advis-
ing me in this Affair, I assure your Lordship nobody did,
Severall of your Council agreed in the Inconveniencys that
would follow upon the Dissent, but nobody advised my defer-
ring the publication ; it was my owne doing which however
I did w!? great uneasyness and which I shall never Attempt
a second time.

Your Town Lands have been in my Possession in right
of Your Lordship allmost ever since I have been here, for
I immediately built a Stable and fenc'd in a great part of the
Ground for a Pasture ; M! Dullany will write to you fully
upon it. [I have orderd MT Tasker to have the town lands
survey 'd and sent over.] *

As I have told your Lordship in my other Ijctters, I ex-
pect no good from the Assembly, for I dare say they will
never agree to the Bill for three pence for Arms which your
Lordship insists upon in the usual Manner. I give your
Lordship this notice that you may not be dissapointed.
[As you mention the assembly will not agree to the Laws
necessary for the government, I hope I shall find you have
not shown them an improper complacency.] *

If your Lordship knew how much pleasure your Success
against the Penns has given us, you would not think those

* Interlined in Baltimore's hand.

who serve y.ou here were deficient in theyr Zeal for your
Interests, I hope it will not be long before the whole Aifair
will be decided entirely to your Satisfaction. This good news
must have been known in Pensilvania these several Weeks,
but care was taken nothing of it should transpire in to this
Country. About two months ago they caused a Report to be
spread that you had lost your Cause. Since they have heard
we know of the Hearing, they say tis true The Agreement
is determin'd to be Void, but that your Lordship is to pay
the Penalty of five thousand pounds.

[No truth in what the Pensilvanians report.] * That not
onely this but every other thing that your Lordship under-
takes may be prosperous & Happy is the sincere wish of

Your Lordship's
Most obedient &
Most humble Servant
Tho : Bladen.

I have rec'! two Letters from My Stone Secretary to the
Lords Justices with theyr orders to put the Forces of this
Province into the best Condition possible & to be upon our
Guard against the French. I send enclosed to your Lordship
my letter to M' Stone acknowledging the receipt of those
orders, which if your Lordship approves I desire you will
order to be Seal'd and sent him. Indeed our Militia is a
very miserable one and without another Act of Assembly
incapable of being made Serviceable.

I am much oblig'd to you my Lord for your kind remem-
brances of me and my girls ; nobody can more sincerely rejoyce

* Interlined in Baltimore's hand.

100

at your Success in your Cause & hope you will have an entire
victory which will be an infinite pleasure to

Your Lordships most
humble Servant
B. Bladen

As the Commission of the Regency was Expired when I
received Mf Stone's letters Your Lordship will Judge whether
there is a necessity any answer shou'd be sent or not. [to
make Benny Tasker one of the Counsell as soon as their is a
vacancy.] *

BENJAMIN TASKER TO CHARLES LORD
BALTIMORE.

[Town Lands. Leases.]

Annapolis 20 Feb: 1743
My Lord

Since mine of 24"" Jan7 yours of 251'' OctoJ is come to hand,
w"? Inclosed a Letter to M!" Dulany and another to M^ Jenings
wl^ I have delivered

M! Dulany will by this opportunity as he tels me give
your Loi'dship a full State of the Affair of the Town Lands
and proceed in such a maner as to bring in a Tryal. Your
Lordship may be asured that if the late Chancelor (Governor
Ogle's) Decree should not be Affirmed, or that Mf Bordley
should carry his Appeal further, I will take efectual care that
the appeal shal be Regular to the King & Council and that your
Lordship shal be duly advised of the affair, as well as that all
Papers &c : Relating thereto shal be duly Transmitted to you.

* Interlined in Baltimore's hand.

101

I send Inclosed a Copy of My Chitwiuds Lease, by w!!' your
Lordship will see that it Expired last Decemy and that it was
Let on very easie Terms viz. £40 Sterf payed down & at ten
ship a hundred Acres a year. As this is but mean I^and and
but little Iraprovem*.' in it, and a great part of the Wood Cut
down, my Opinion as to the best way of Letting it will be on
a Lease Renewable for Ever if a good Fine payed down, as
Iron Works consume great quantitys of Wood. He cant well
be w'?out this Land and almost the meanest of that Maner
will now Let p"" twenty shil? a hundred acres He has three
other Leases in N? East Maner on Lives one of w".'' Viz. Step :
Onion is stil here living.

I Congratulate your Lordship on your Victory against
M! Pen. It's generally believed that he has granted Lands
to a very great Value since the year 1741 w"^ I hope He
will be Obliged to Ace! for. I am My Lord

Your Lordships Mo : Obedient

& very faithfull lible Serv*

Benj. Tasker

DANIEL DULANY TO CHARLES
LORD BALTIMORE.

[Town Lands.]

Annapolis Feb^^ 22, 1743/4
My Lord,

If I had been as plain as I ought to have been in the letter
I had the Honour of writing to your Lordship about the
Town land, it would, I am perswaded, have prevented any
suspicion of my being negligent in getting the possession ;

102

and I beg leave now to Supply that defect, and to represent
the case as it really is, in the clearest light I am able.

When the fraudulent Grant obtained by Mess''.' Bordley &
Larkin was vacated by Decree of the Court of Chancery, your
Lordship was restored to your former right, and (in my hum-
ble opinion) Invested with the Possession of all that was not
held or occupied by any body else; and if an Actual Entry
was necessary to complete your possession, such an Entry is
really made, ifor the Governour has not only Enter'd into the
Greatest part of the Land in your Lordships right, but also
fenced it in and built an house upon it. This Entry inclosing
and building make your possession as clear & ample as it
possibly can be.

This my Lord, is a true State of the case concerning M!
Bordley which I humbly hope will remove all Suspicion of
my having been negligent, and restore me to the good opinion
which your Lordship has been pleased to entertain of me.

As to the purchasers under MT Larkin, I never received
any directions from your Lordship relating to them, and the
Instructions from your Lordship to your agent, convinced
me that your Lordship intended to distinguish them from
My Bordley.

I have too gratefuU a sense of the obligations I have
to your Lordship and how much they ought to Attach me
to your Service, ever to be guilty of wilfully neglecting
any thing wherein your Honour or Interest is any way
concerned.

Was my ability to serve your Lordship equal to my Incli-
nation, you never had nor could possibly have a better servant
than myself.

I beg leave. My Lord, to congratulate you on your good
Success against Mess? Penns, the news of which was the most

103

welcome and agreeable that cou'd be. I am with all possible

Zeal & Gratitude

My Lord,

Y! Lordship's most obliged

and most ifaithfull

humble Servant

D. DULANY.

[I make no doubt of your

doeing in your and as you tell me

as a la^yyer th' M! Blayden takeing

possesion in the manner he has done is an

actuall possesion of my rite which is good

in Law I have order'd My Tasker to cause a

survey to be made of the town lands and to Specifye there

diferent possessors and their rights.] *

BENJAMIN TASKER TO CHARLES LORD
BALTIMORE.

[Appointment as President. Tobacco Duty.]

Annapolis 4 June 1744
My Lord

Since mine of 20'!' Feb : I have recc'd the honour of your
Com" to be President of the Council for wi'' I return your
Lordship my most humble thanks and I am very senceable
of the great honour you have don me.

We have lately had a Court of Appeals, but My Bordley
has not thought fit to appear there. Nor do's he take any
steps towards it.

*In Baltimore's hand.

104

The Assembly is now in a Conclusion, but as to any real
Services that they have don they might as well have stayed
at home. They have prepared an Address offering your
L^Ship 2/6 f hh"? on all Tob" to be Exported, but have
not agreed to make good any number of hh**.^, so that if the
Wars continue it will be very uncertain what Tob? will be
Shiped or can get home, so that I think it no temptation to
your Lordship, unless you should think the circumstances
of the Planters, by a low Price for their Tob°, should make
them unable to pay their Rents. But the surest way for
Your Lordship would be to let the Country Farm or make
good such a Sum as can be agreed upon and leave them to
find ways to Rais it.

As to all other proceedings of the Assembly, I shall refer
your Lordship to the Governor and the Lawyers.

I am in the greatest difficultys & doubts about Remitting
your Bills in these perilous times. But as the Ship I send
these by, is a good Sailer, of some Force & the Master an
Experienced Commander, who goes North about, I have
ventured to send 68, as ^ the Inclosed List amounting to
£1044: 19-5 because I know not when any other opper-
tunity so good can offer, the 2^ Bills I shall keep & send by
a Man of War if we have any that will go this year. As
I do what is in my oppinion the best I hope for your ap-
probation.

I am My Lord

Your Lordships Mo : Obedient
& very faithful Servant
Benj. Tasker.

105

DANIEL DULANY TO CHARLES
LORD BALTIMORE.

[Indian Affairs.]

Annapolis June IL 1744
My Lord,

In the letter I had the Honour of writing to your Lordship
the last of May, I mentioned the proceedings of the Assembly
and sent your Lordship all of them that I cou'd then get, and
take this opportunity to send several others. I am very sorry
to tell your Lordship that the Lower house, instead of acting
more reasonably towards the close of the Session, grew more
outrageous than they had been. This was owing in great
measure to the Expectation that there will not be another
Session before a new Election, and those who expect to be
chosen make a merit among the common people, of opposing
the Government at all Events.

Altho the Governor and every one of the Council were
very desirous of a fund to purchase Arms and Ammunition
for the defense of the Country, yet they all thought the bill
sent up by the lower house of so dangerous a Tendency, and
the Proviso in it so Injurious to your Lordshp, that it wou'd
be better to advance as much money as cou'd be raised by it in
one year, out of their pockets, than to concur in such a bill.

There is yet no news of the Indians, tho they promised to
be at the place of treaty before now ; which gives room to
apprehend that the ffrench have seduced them to their side,
as it can't be doubted but that they (the ffrench) have used
and will continue to use every artifice to that purpose. If
this should happen to be the case, it may be attended with
14

106

very ill Consequences, as these Indians (by the best Accounts
I have been able to get of them) can bring 2000 Effective
men into the ffield, and are equal, if not superior in courage
to any other Indians on this Continent. However small and
Insignificant this number may be looked upon in Populous
Countrys, yet here where there are but few people and they
very much scatter'd 2 or even 1000 would do a great deal
of Mischief before a sufficient force cou'd be got together to
oppose them. The Indians have these advantages, that nei-
ther Hivers, Mountains, Impassable Morasses or the thickest
forrests are any Impediments to their Marching, or rather run-
ing, to any place they have a mind to go. If they shou'd be
attacked and defeated they wou'd Immediately disperse and fly
into the woods and Escape with as much facility as the swiftest
wild beasts. They can bear fatigue, hunger and the severest
weather beyond Imagination ; and where they can get no other
provision, can live many days on Wild roots, with which they
are well acquainted and our people know nothing of.

I wou'd not have presumed to give your Lordship this
trouble, but that I conceive it to be my duty to represent, in
the best manner I can, the dangerous situation your tenants
wou'd be in, if the Indians should joyn with the ffrench, and
of what Importance it is to all his Majestys subjects on this
Continent to prevent such a fatal junction.

I humbly hope your Lordship is satisfied about the town-
land, and that you will believe I have that zeal to your Service,
which becomes a gratefull honest man. I am with all possible

duty and Respect.

My Lord

Your Lordship's most obliged

and most ffaithfull

humble Servant

D. DULANY.

107

P. S. June 13

My Lord

I have the satisfaction to tell your Lordship, that by an
Express which came in last night, we have an Account that
the Indians are on their way to the place of Treaty, which
is very agreeable news.

The flPrench have begun Hostilitys already, having taken
and destroyed Canso a ffishing town near Cape Breton. I am

My Lord
Y:: Lordships Most ob'
humble Servant

D. DULANY.

DANIEL DULANY TO CHARLES LORD
BALTIMORE.

[Town Lands. War Rumors.]
My Lord

I hope your Lordship has received some of the letters, I
have had the honour of writing to you, and that your Lord-
ship is satisfied as to your possession of the town Land.

I embrace this opportunity to send your Lordship the pro-
ceedings of the last Assembly, and sincerely wish they were
more agreeable than they are.

Our Commissioners are not yet return'd from treating with
the Indians, but we have advice that every thing is fully
settled, upon which I beg leave to congratulate your Lordship,
as I am certain it will contribute very much to the Safety
of your Province, especially the back parts.

We have advices from the Northward and Virginia that
the Spaniards & Indians have taken Georgia and destroyed

108

all the Inhabitants, Which, if true, will (very probably) be
fatal to South Carolina, and I wish the same Calamity may
not reach some of the other Colonys on this Continent, as
they are but in a defenceless condition. The flFrench are not
only numerous themselves, but have also Ingratiated them-
selves with the Indians, to such a degree as, without the
utmost care, will bring his Majesty's Subjects on this Conti-
nent into very great danger. I am with all possible duty

and gratitude,

My Lord,

Your Lordship's Most Obedient

and most devoted

humble Servant

Annapolis July 6, 1744. D. Dulany.

DANIEL DULANY TO CHARLES LORD
BALTIMORE.

[Affairs in the Province.]
My Lord,

In a letter which I had the Honour of writing very lately
to your Lordship, I mention'd the Indian treaty, which is
happily concluded, notwithstanding the difficultys which the
Pennsylvanians endeavour'd to throw in the way.

I am satisfied the Indians had no thoughts of making any
dem*^.' for land on this Province, till Mr Logan or his Emis-
sarys Infused a notion into their heads that they had some
pretentions.

The Pennsylvanians have shewn their Rancor to M! Cressap
in a very Extraordinary manner, for when it was proposed to

109

meet the Indians at his house, they (the Pensylvanians) asserted
very positively that the Indians hated him, because, as it was
given out, he had Imposed on some of them about some land
he had purchased their claim to. But when the Indians met
they expressed a very great regard for him for the many Civil-
itys which they acknowledged to have receiv'd from him, and
took particular of his Interest. I expect to have Judgments
against the Intruders into Talbot mannour next Provincial
Court, which will AiFect one Baker a justice of peace who
was the Ring-leader, more than any body.

The account we have had that Georgia was taken and the
people destroyd is contradicted, as having no other foundation
but a false report.

Altho : I have mentioned your Lordships possession of the
town land in all my late letters, yet I hope you will pardon
me for repeating the assurances I have given your Ijordship,
that it is as ample as it can be. And I beg leave My Lord, to
assure your Lordship also, that it is not possible for any body
to be more heartily attached to your Interest than I am, nor
to wish more sincerely than I do, to have it in my power to
demonstrate My Gratitude for the many and great favours
which your Lordship has been pleased to confer on me. This
my Lord, is my duty as it ever shall be my care & Study to
promote your Interest and Service, as becomes

My Lord,
Y! Lordships Most ifaithful and most
obliged humble Servant

D. DULANY

Annapolis July 16. 1744.

110

BENJ. TASKEE, TO CHARLES LORD
BALTIMORE.

[Encroachments on the Potomac. Mines.]

Annapolis 17 Septy 1744
My Lord

It has been no small Mortification to me that proper Con-
veyances has been wanting to send your Bills by, I have long
been in hopes of an opportunety by a Man of War, But am
stil disapointed, and least your Lordship should blame me
for not making use of this Ship I venture to send 68 Bills
Value 1764 : 5 : 2 the 2t' & St' of w'^ I shal keep as well as
of those sent by Cap' Grindall for a Man of War & hope I
shal not be disapointed at last.

M! Beal had your Lordships Grant of an Island in Patow-
mack River where he made some Improvements. But one
My McCurley under Lord Fairfax's Grant has disposessed
him by beating him of & destroying his Houses. Several
people in Virginia under that Right is getting into that part
near the Fountain head of Patowmack & in time will do as
our N? Neighbours has don unless timely care is taken to
prevent them. If they were allowed Leases or other Grants
on very easie Terms it might answer.

Several people have made Resurveys and where they find
a deficiency in their Grants they desire Credit for the Rents
they have payed for it, w°.'' to me seems reasonable ; however
I shal wait your Lordships orders therein.

Cap' Cressup has made a discovery of some Lands w^!" has
good quantitys of Ore on it like this I send by My Rocliff,
I have Entered a Reserve in it 'til I know your pleasure

Ill

herein. The Governor & Mr Dulany are going to Work in
a discovery they have made. I am, my Lord,

Your Lordships Mo. Obed' hble. Serv',
BENjy Tasker.

GOVERNOR BLADEN TO CHARLES LORD
BALTIMORE.

[Applications for Office.]

Annapolis Novemb! L5* 1744
My Lord

I have the favour of yl" Lordship's letter by the Baltimore
which is but just arriv'd, I have likewise another letter from
your Lordship delivered me by Mf Young with your Direc-
tions to give him the l^aval Officer's Place of Potomack unless
(as your Lordship is so good to say) I am otherwise pressingly
engaged. The Case indeed is that I gave that Place above
six months ago to My Lee, eldest son of MT Lee by whose
death the Place became vacant, which I had the honour to
inform yf Lordship of by my letter by Grindall. Ml" Young
applyed to me for the Office as soon as he knew of the Va-
cancy & told me he thought he had a right to such a Provision.
As this was an odd way of asking a favour I could not help
saying I thought Mf Lees son, in whose favour I had before
been applyed to, had, as a native of the Country, as good a
right to it as he had. I must owne he retracted the Expres-
sion and say'd he had made use of it inadvertently, with
which I was fully satisfied, and I assure your Lordship I
have all ways since that time design 'd to do him good when
an Opportunity should offer, and upon Mf Rousby's death

112

had determin'd to put him into the Coimcil, tho your Lord-
ship's commands to me for that purpose had not arriv'd. In
the mean time My Young is not absohitely destitute having
two small Places one worth Twenty thousand p*^^ of Tobacco
a year, the other seventy pounds Currency. I find however
he has made Application to your Lordship for this Place not-
withstanding my Refusal of it to him, which I think a very
indiffer' Compliment to me, and in plain English saying since
he could not have it with my consent he would see if he could
not get it without, which would be such a Mortification as I
am perswaded your Lordship's Goodness to me will not put
me to the Tryall of. I shall not fail of giving Ml" Young a
proof of my Respect to your Lordship's Commands the first
vacancy.

I had the Honour to write to y^ Lordship by Captain
Frasier who saild about six Weeks since, by whome I sent
the Laws of last Session and of which I now send Duplicates.
I hope to receive your Lordship's Commands by Grindal or
Hunter who are now at home and who I suppose will sail
without waiting a Convoy : I wrote your Lordship so fully
by the first of those Captains that I shall trouble your Lord-
ship no further at present but to Assure you of my unalterable
attachment to your Service & that I am

Your Lordship's
Most obedient

Humble Servant
Tho : Bladen.
P. S.

I have finish'd the brick work of a very good house upon
your Land for yT Govern! which I shall send your Lord-
ship a Draught of by the Baltimore. Bordley has rec^ 200
pounds paper money from the Country for his pretentions to

113

four Acres, & has declared he dos not propose going on with
his Appeal. I must owne I am 500 p''* sterl. out of pocket
which God knows whether the Assembly will ever repay me.

BENJAMIN TASKER TO CHARLES
LORD BALTIMORE.

[Leases, &c.]

Annapolis 20 Novl^ 1744
My Lord

I have the honour of yours of oil' May past, and shal agree-
able thereto Let the County s as heretofore, and send your
Ijordship the Ace' of Ann! Manner, and give Notice of your
offer at £10 ^ bund"? Acres on Leases Renewable for Ever ;
tho I am afraid very little will be taken on those Terms.

I shal not fail to send the Boards & Shingles by the
Baltimore or Charles & also a Plot of the Town as directed
& mai<e the Reserve.

I am very glad to tel your Lord Ship that the New Town
on N? East Improves very fast, and that the Trade from
Conostogo is carried there instead of to Philadelphia.

I beg your Lordships excuse for the trouble of the Inclosed
Letters to My Hyde. But they contain several of your Bills
as f Lists therein to the Value of £l46orif,1. The 2i' of them
I shal send by the Man of War, and the S'^I by the Baltimore.
I have already Adviced your Lordship that you have in the
last Provincial Court Recovered against the Tenants on Sus-
quehanah Maiier, so that I hope we shal have [no] more trouble
w'? that set of people about Notingham who has been Spirited
on by our N? Neighbours. One Baker who was a leader now
15

114

desires to become a Tennant & pay down £30 Sterl for a Fine
on about 100 Acres; but as his behaviour deserves no counte-
nance I shal keep him in Suspeuce 'till I have your Lordships
directions herein.

M! Bordly sais that he will not prosecute his appeal, so that
your Lordship is in peaceable possession. I am, My Lord

Your Lordships mo. Obedient
& very faithful servant
Benj. Tasker.

BENJAMIN TASKEE TO JOHN BROWNING.

[Pennsylvanian Encroachments. Copper Ore.]

Annapolis 20 Novem^ 1744
Dear Sir

I have the pleasure of yours as at foot & for w"^ I am
Obliged, I have also the Protested Bills as ^ two Lists viz.
one w"' 12 Bills Value £151 : 13. 6 the other wl' 16 Bills
Value £161 : 4 : 9 of w*^."^ due care shal be taken. But I am
afraid these are not all the Bills that was Protested, and I
am sorry that they are not sent, because great complaints are
made by the Indorsers when Bills are keep't an uncommon
time.

Pray asure his Lordship that I do all in my power to pre-
vent the Pensilvanians Incroaching on us, and the Govern^
asists me as far as he can. But I am sorry to say that some
people under Pensilvania Rights has taken possession of a
Larg Tract near the head of Chester belonffina; to one MT
Sewall of Maryland and now he refuses his Rents and his
Lordship goes w*''out them.

115

I have been under the greatest difficnltys this year to make
Remittances, wl^ prevents my sending my Acc*.^ We have had
2 or 3 Privateers hovering all this SuiiTer about the Capes,
who have took at once 6 Ships. Our Man of War all this
time unfit to go to Sea, so that whether one Bill has got safe
or no I know not ; or whether what goes now will ever get
to hand, I have long waited for an oppertunity of a Man of
War w".'' will not offer these 5 months, so that I really can't
tel how to act in these perilous times ; I should be glad to be
advised.

A Ship of My Hanburys of some Force will Sail in a few

days, by whom E shal send some other Bills, and my Ace' in

hopes the short dark days & long nights may favour them.

I am Dear Sir

Y' Mo : obed' hble Serv*

Benj : Tasker

Letter dat^ 2 Jan7 1743/4 Dupl.
D? 1 March Dupl.
14 March Dupl. & 30 May 1744.

I send his L'? ship by this oppertunity a Sample of Copper
Ore ; the Land wherein it lyes I have Entered a Reserve
on. I pray advice herein whether to continue this Reserve
or withdraw it.

I should be glad to know if Mf Plater has payed M\ Mudge
his Bill Indorsed by M' Plater—

116

DANIEL DULANY TO CHARLES
LORD BALTIMORE.

[Boundary Lines.]
My Lord

I have received the letter your Lordship did me the honour
to write to me, the Seventh of June, which gave me the greatest
satisfaction that any thing cou'd possibly have done.

I have not been long return'd from a journey into the back
woods, as far as to the Temporary line between this Province
and Pennsylvania, where I had the pleasure of seeing a most
delightfull Country, a Country My Lord, that Equals (if it
does not exceed) any in America for natural Advantages, such
as a rich & fertil Soil, well furnished with timber of all sorts
abounding with lime stone, and stone fit for building, good
slate and some Marble, and to Crown all, very healthy.

The season of the year was so far advanced towards Winter,
that I cou'd not possibly go to the neck of land in the fork
of Patomack, which I mentioned in a former letter to your
Lordship, the possession whereof I conceive to be of great Im-
portance, and therefore beg leave to assure your Lordship that
no Endeavours of mine shall be wanting to secure it for you.

I have by several opportunitys wrote fully to your Lord-
ship about the Settlers on Talbots Mannour, and Recoverys
against them, and therefore shall not trouble you with the Rep-
etition of them. I am with all possible duty and Gratitude,

My Lord
Your Lordship's Most Devoted
and most ffaithfull
humble Servant
Annapolis Nov! 24, 1744. D. Dulany.

117

BENJAMIN TASKER TO CHARLES LORD
BALTIMORE.

[Duplicates the Letter of Nov. 20, and Adds as Below.]

Annapolis 3 Decemy 1744

I have Entered a Reserve where there is plentie of Ore of
the sort I now send a Sample of.

Inclosed is a List & 227 Bills Excht Value £2644 : 7 : 9 w<=_^
I hope may Escape the Euemie as well as these sent ^ M^
RocliiF, Mf Chew having promised me his particular care of
this Packet. The uncertainty of the Man of Wars Sailing
is so great that I am unwilling to stay.

The great plentie of Spanish Gold & Silver brought into
New York, Peusilvauia & Virginia, and the high Insurance
has made a great demand for Bills of Exch! ; so great that
the Trading people from these Places offer Spanish Silver at
5/ the ounce. Your Lordship takes it at 5/3, these offer 45
^ Cent Exch! for Bills in Spanish Gold, you take Gold at
about 41, so that the Gold & Silver that is in my hands &
that I shal hereafter take, must be Remitted.

I shal send the 31' of these Bills by a Man of War when
one offers. I am My Lord

Your Lordships Most Obedient
& very faithful hble Serv'
Benj. Tasker

118

BENJAMIN TASKER TO CHARLES LORD
BALTIMORE.

[Remittances. Rents.]

Annapolis 15 March 1744/5
My Lord

Having wrote so fully by Cap*.^ Hargrave & Hail as well
as Lord BaufF I have now only to Inclose a List & 142
Bills Exchf Value £1922 : 1 : 5 w'L*' I wish safe to hand. Bills
Exchf grow so Valuable that they are hardly to be purchased,
I must desire orders by what Ship to send over your Money
by, for in the next payments I shal have upwards of £700
by me.

I send by this opportunity a Survey of the Town, as also
the Boards & Shingles agreeable to my orders, and a Sample
of Copper Ore. I have Entered a Reserve where this lyes,
w"."" waits your Lordships orders.

I have Let the several Countys as heretofore w'!' a Clause
to oblige the Farmer to Ace' upon Oath, for M! Chew &
Mr Thomas the former Farmers of 3 Countys payed the full
amount of the Rent Roll, but as several Lauds was omitted
to be put on the Rent Roll they have not accounted for such
& I should not have easily come at the knowledge of this but
by means of the present new Farmer. I shal as soon as
possible oblige these Gent, to Ace* for the Bal!! w"!' is con-
siderable.

I think myself happy that I did not send any of your
Lordships Bills by Cap*.^ Hall, Judd or Frazier who it seems
are all taken.

119

I wish your Lordship all health & prosperity as being
my Lord

Your Lordships
Most Obedient and
Most faithful hble Serv^
Benj. Tasker.

FREDERICK LORD BALTIMORE TO
GOVERNOR OGLE.

The Lord Proprietary to Samuel Ogle Esq' his
Lordships Lieutenant Governor in Maryland,
on his Lordships and his Guardians Appoint-
ment of his uncle The Honourable Caecilius
Calvert Esq! Secretary of his Lordships Pro-
vince of Maryland.

London September 17"" 175L
Sir.

I know not yet what success your Endeavours to serve me
will have, but in regard to your Endeavours and good service
both as to my late Dear Father and to the Province in general
you merit and have my Esteem ; and I can assure you, they
make a deep impression on me, who am sensible of all obli-
gation.

The Love I have for the People of Maryland is most cer-
tain, since properly speaking, 'tis the same I bear myself,
therefore the success of my Affairs, I shall allways aim may
extend to their private as well as their Publick emolument,
not doubting but they will let me find my just own in it.

120

As my Departure on my Travels abroad is now soon, you
will be some time e'er you hear from me. I depend on your
fidelity and that your Administration in my Affairs will be
prosperous under the safe Conduct of my Guardians, whom
I have all the reason to believe from their Honour to reap the
greatest happiness.

It being necessary to the Affairs of the Province here, I
have out of the Love I bear him in conjunction with my
Guardians, sign'd and approved of the Appointment by com-
mission of my Uncle Csecilius Calvert to be Secretary of
Maryland. The Charge and trouble that must attend it, is
most fitting should have reward, 'tis therefore my earnest
Desire that a Salary of £450 '^ annum to be settled upon
him for this service, and it cannot be unreasonable that the
same should be made good to my Uncle out of the Profits of
such Offices of Government, as will best bear it. As to M!
Jennings my Uncle's Deputy, I am sensible their office will not
bear an Extract as to each Particular, touching such Payments;
also am Desirous all due and proper regard and consideration
be had for his faithful services, therefore I hope the following
Distributions to the Payment of the aforesaid Salary Avill not
fail to meet with Approbation and Acceptance. Viz'

From your self as Governor. £200 "^ Ann.

From M! Jennings as Deputy Secretary. 50 - D?

From the Commissary General 100 - D?

From the Land Office. 100 - B".

£450 - f Ann.

I rely on your immediate Performance, and the Gentlemen
in the said several offices compliance therewith, of which you

121

will take care of in favour of ray Uncle, and to have his said
Salary to settled as to be paid him by half yearly Payments,
of which you will give him notice, which will be greatly Es-
teemed amongst the rest of your Services By
P. S. Your Proprietor and

My best wishes attend on Affectionate Friend

all and my Compliments on Baltimore.

Ml^ Ogle.

JOHN SHARPE TO EDMOND JENNINGS.

John Sharpe Esq! one of the Guardians to the
Lord Proprietary, to Edmond Jennings Esq!
Deputy Secretary in Maryland, notifying the
appointment of the Honourable Csecilius Cal-
vert Esq' Secretary of Maryland : and mention-
ing, that the Death of the Late Lord Baltimore
had put an End to the Commission and Agree-
ment with the Penns.

London December 20*.!' 1751.
Dear Sir.

I received the favour of yours, and hope the Late Lord
Baltimore's Death has occasion'd no sort of Interruption in
the Administration of the Publick Affairs in the Province.

The Probate of his Lordship's will under the Seal of the
Ecclesiastical Court being transmitted, that, with the Com-
mission from the present Lord and the Speaker and my self
as his Guardians, is certainly sufficient to answer all Purposes
whatsoever.

The Death of his Lordship hath not only put an End to
the Commission, but I hope to the Agreement to, for as the
16

122

late Lord was only Tenant for Life, and the present Lord
by the settlement made on his Fathers Marriage, Tenant in
Tail ; I think the Agreement can never bind the present Lord
the Tenant in Tail. But this is what we keep to our selves.
Messieurs Penus have not as yet filed any Bill of Revivor.
The present Lord having out of his great Regard and
Affection for his Uncle M! Csecilius Calvert desired us to
appoint him Secretary of the Province of Maryland, the
Speaker and I, have as his Lordships Guardians and at his
Request and Desire and with his Approbation, accordingly
appointed M! Calvert Secretary of the Province ; and it being
his Lordship's earnest desire and intention, that his Uncle
should have a reasonable Salary annexed to the said office,
and which his Lordship thinks cannot be less than 450ft) a
year ; and as this is properly an office of and belonging to the
Province, his Lordship thinks and is desirous, that this £450
a year should be settled on his Uncle for this Service, and
should be paid by the Principal officers of the Province in the
Proportions following Viz —

From Governor Ogle £200 f Ann.

From the Commissary 100 '^ Ann.

From the Land office 100 f Ann.

From your Self 50 ^ Ann.

Now as I know the Affection and Regard his Lordship has
for his uncle, and how anxious he is in having this settlement
made for his uncle, and to be paid him by half Yearly Pay-
ments ; and how greatly any disappointment herein would
effect his Lordship, and as he is thoroughly satisfied the said
offices can very well bear to answer the above sums, I have
therefore taken the Liberty to inform you of the earnest
manner in which his Lordship desires this Provision for his

123

Uncle may take place, and I am sure nothing can be more
agreeable to or more oblige his Lordship than the Accom-
plishment of it.

Upon his Lordship first mentioning this, he proposed a
much larger sum to your share, and here I did you every
service in my Power, by representing to his Lordship the
great and eminent Services you had done his Father, and
which I was sure, you would continue to do for him ; and
pressed the matter of your Proportion so strongly upon his
Lordship, as to get it reduced to £50, and in which M! Cal-
vert himself heartily Joined with me.

I do not trouble you with any thing in answer to those
parts of your Letters which relate to running the Lines, as I
consider that matter as now over and at Peace.
I am with the most perfect Truth and Esteem

Dear Sir

Your most obedient and faithful Servant

Jn? Sharpe.
P. S.

I don't see how there can be any possible occasion for any
Suit to be commenced in Maryland by the late Lord's Execu-
tors, and therefore have not sent any Powers to take out
Administration with the will annexed in Maryland. But if
any such occasion is likely to arise, on your informing me of
it, such Powers shall be immediately sent.

I am glad M^ Calvert is disposed not to raise any dispute
touching the Devise to him, at least 'till My Lord comes of
Age. I have delivered your Letter to the Speaker.

124

SECRETARY CALYERT TO GOYERNOR OGLE.

The hon^'' Csecilins Calvert Esq'' his Lordships
Secretary of Maryland to Samuel Ogle Esq^
his Lordships Lieutenant Governor there. On
Boundaries between Maryland and Pensilvania.
Answer to Addresses from both Houses of As-
sembly the one to his Ma*.^ on the Death of the
Prince of Wales, and the other to the Lord
Proprietary on his Fathers Death, on church
Preferment in the Province, on expiration of
Leases in Ann Arundel Mannor. In relation
to Laws passed in a session of Assembly begun
the 151'' of May 1751. Instructions concerning
aiding Ml Tasker about the Rent Rolls, and on
M! Ogle's Letter of the 30'?^ of March 1751.

Loudon May the 15'.'.' 1752./.
Sir./.

I doubt not but you have received before this time my
Letter to you of the 24'.'' of December last with my Com-
mission as Secretary of the Province under the Appointment
of the Lord Proprietary and his Guardians ; which authorizes
my Correspondence, with you on my nephew's Concerns in
General under such capacity. And as the Boundaries between
Maryland and Pensilvania are of so great Importance to my
nephew, I make that the chief subject of this Letter.

Maryland in the Kings Charter the 20"^ of Jany. 1632 is
thus described viz. " That of a Peninsula lying in the Parts
of America between the Ocean on the East and the Bay of
Chesopeak on the west, and divided from the other part

125

thereof by a right line drawn from the Cape of Land called
Watkius Point situated in the aforesaid Bay near the River
Wighco on the west, unto the main Ocean on the East, between
that bounds on the south, unto that part of Delaware Bay on
the North, which lyeth under the fortieth degree northern Lati-
tude from the Equinoctiall where New England's Ends &c :=
In which description the Boundaries thereof evidences the
King's Royal Intention that they should extend North beyond
Delaware Bay, which was then understood to reach to the
40"' Deg^ree of Northern Latitude and was so described bv the
charts of those times ; and tho upon more exact observation
it may be discovered that the Bay don't reach so far North,
yet it is natural to conclude, That the North part of the Bay
was by the said charter intended to be the North part of the
Boundary of Maryland, which was confirmed to be so, by the
subsequent Grant of Peusilvania dated the 4'i' of March 1680,
and by the Ancestors of Lord Baltimore.

I am now to desire your Thoughts concerning the 12 miles
Circle round New Castle I find Peusilvania by the Grant for
it, is bounded, on the East, by the River Delaware, and on
the South by a Circle Drawn at 12 miles Distance from the
Town of New Castle Northward and westward (that is by the
Northward and westward parts of that Circle) unto the be-
ginning of the 40'^ Degree of Northern Latitude, then by a
strait Line &c : which seems perfectly to agree with the above
mentioned Bounds of Maryland.

And in the years 1681 and 1682, numbers of Industrious
People with their Family s and Estates by favour of the said
Grant went over to Peusilvania and settled themselves, making
Large Improvements and beginning at the southern Bounds
of the Province on Delaware River as the Bounds before
described; and about the year 1683. Lord Baltimore then

126

in Maryland, caused a Line to be Run and marked about 6
or 8 Miles more northerly than the above mentioned Bounds,
as his northerly Boundary at that tune ; which the Pensil-
vanians never made any grant or settlement to the Southward
thereof until the year 1714 when by a large Astronomical
Instrument sent over by them, for that Purpose, and by
another like Instrument after that time sent over by the
Late Lord Baltimore observations of the Latitude were made,
whereby the claim of Maryland by Lord Balti mores People
was extended not only beyond the Peninsula and Istmuss of
the Bays of Delaware and Chesopeak and the Line run by
the late and present Lord Baltimore's Ancestors ; But passing
the Istmuss, the Claim of Maryland was thereby carried up
the Rivers Delaware and Susquehannah so far as to take in
the most valuable Improvements of Pensilvania ; alledging
that these observations of the lO"' Degree should be carried
to its utmost extent ; notwithstanding all the Limitations of
the Country being fully described in their Letters Patent,
which point out certain visible Places on the Earth, while all
Astronomical observations will in some Measure for ever be
uncertain. The causing of these observations to be made,
I conceive to have been the first Rise of contention between
the two Proprietors from the year 1714. The next Con-
sideration arising, is to desire you would inform me how my
Nephews Right to Lands and to what distance of Miles lying
to the Northward of the Peninsula and of the Bays of Dela-
ware and Chesopeak have been of late and are now bounded
and understood, between Maryland and Pensilvania, and to
let me know your opinion concerning the Propriety of the
Present Lord's confirming or disallowing the same.

Please also to give me your opinion and a Description con-
cerning the scituation of Newcastle and the Country about it

127

for composing the ] 2 Miles circle, either by observatiou of
the Sim horrizontal or measure by the wheel ; and in either
Respects, how it will effect within Reach of the Bay of
Chesopeak, as it is of great consequence for the Pennes to
have no Right to any water from that Bay.

I am next led to desire your opinion and a Description of
the true Cape Henlopeu, how near it is scituated to the Mouth
or Entrance of Delaware Bay, touching the Boundaries of the
County of Delaware, or that County called the three Lower
Counties, and tract of Land lying between the River and Dela-
ware Bay and the Eastern Sea on the one side and Chesopeak
Bay on the other ; to be divided into two parts by a Line
from the true Cape Henlopeu to the 40'^' Degree of northern
Latitude and please to let me know in your Judgment what
Parts thereof may properly belong to jNIaryland, and what
Parts to Pensilvauia ; and how such Parts may be described
for Lines to be run by Rivers and Marks to avoid all Differ-
ences.

It is therefore My Lords and his Guardians earnest Desire
and you must be sensible how acceptable it will be, to be
informed from you, who is on the Spot, and has been almost
from the Commencement of the said Boundaries being dis-
puted at Law, until and now after the late Lord Proprietary's
Death ; and as no one can so properly assign wherein the late
Lord Proprietary in the Articles of Agreement between him
and Pensilvania Family was over reached by the Penns, You
will no doubt point out the same, for the Benefit, Interest and
Property in Dominion of the present Lord, and for his Infor-
mation ; who on his coming of age, it is most likely will.
(If with honour and Justice to his Family and the Province he
can) constitute a new agreement with the Penns, his Fathers
agreement with them being void by his Death, as well as the

128

Commission from Chancery sent to Maryland and the Decree
of that Court for carrying such agreement into Execution.
For the late Lord Baltimore was only Tenant for life by his
Marriage Settlement and the present Lord by the said Settle-
ment is Tenant in Tail, and therefore not subject to any act
of his Fathers in any Bargain or Sale of Property in any
shape whatsoever wherein the present Lord is Tenant in Tail ;
and as the said Articles of agreement executed between the
present Lords Father and the Penns was subsequent to the
said Marriage settlement, the same is void of course, which
the present Lord when he comes of age will adhere to, his
Lordship and his Guardians being confirmed therein by the
opinion of Council learned in the Law.

The High Station you were in by the Favour of the late
Lord, and which you now continue to Enjoy from the present
Lord and his Guardians, and your Capacity of giving full
Information concerning the Right of Boundaries with Respect
to the two Provinces, causes this Application to you for the
same and to be full and explicit therein, that the present Lord
may be well acquainted therewith on his coming of age, to
inform his mind and Enable him to give his Judgment in all
the said Matters of Property belonging to him consistent with
his Honour and Interest, and the Interest of the Province,
and to avoid if possible any contention at Law with his Ad-
versaries, by Amicably adjusting all Differences in Dispute.

On the Receipt of this, you will lose no time in sending to
me your Intelligence, accompanied with your best advice,
opinion, and Descriptions on the subject matters afore said,
and with such charts and maps as you shall think most proper
to be made for the better Explanation and Intelligence to the
Lord Proprietary and his Guardians in England.

129

The Address transmitted to his Lordships Guardians from
both Houses of Assembly to His Majesty concerning the great
Loss sustained by the Death of His Royal Highness the late
Prince of Wales, has been by the Guardians means delivered
to the Right Hon**!^ The Earl of Holdernesse one of His
Majestys Principal Secretarys of State, who there upon pre-
sented the same to His Majesty, and was by His Majesty
most graciously received, which you are to notify accordingly
to both Houses of Assembly.

The two Addresses to the Right Hon^l® Frederick the present
Lord Proprietary from each House of Assembly on the Death
of the late Lord Proprietary his Father, are also received ;
and his Lordship being abroad, his Guardians desire you will
communicate their Thanks on his behalf to the two Houses
of Assembly for the same.

In a Letter from my Nephew dated at Paris February
the 29'.'' 1752 are the following Lines. I have one thing
to recommend to you, that is to write over to Maryland
my Desire, that all Livings which are to be given away
from henceforth, may be for me, by which means I shall
have an opportunity of obliging them I think fit ; and
knowing those who are sent over to my Province in so
good a character.

The Speaker of the House of Commons one of my Nephews
Guardians recommends to you (in pursuance of Sir George
Lee's Request to him) MT Benjamin Young and his Son who
are in Maryland, and desires that you will on any opportu-
nity that you may have, promote M5 Youngs Son in some
Employment.

On finishing this Epistle, I had the favour of yours dated
the 30'.'' of March last, which mentions your late Illness, and
that you were upon the Recovery, which I sincerely wish the
17

130

completion of, for it gave me concern to bear of such an
Indisposition having attak'd yon.

By the same Conveyance I received a Letter from M""
Tasker wherein he mentions Ann Arundel Maunor, and the
near Expiration of the Leases thereof; and proposes for My
Lord to grant further Leases thereof for 99 years renewable
for ever, which he apprehends the present Tenants would
take, and he thinks it adviseable for My Lord to comply
therewith, for he is afraid the present Tenants will not renew
upon any other Terms.

The favour of your advice and opinion on this matter will
be very acceptable to My Lord to consider on his coming of
Aae, as it will determine the consideration thereof.

The Speaker MT Onslow sends his compliments to you and
he is obliged to you for your Letters to him, which he now
would have answered, but has postponed the same until the
Return of the Approbation or Disapprobation of the Laws
of the Province passed in the Session of Assembly held the
15'? of May 1751, Three whereof are now under considera-
tion of the Attorney General, viz.

The Law concerning one convict being Evidence against
another, is objected to by the Speaker and M^ Sharpe his
Lordships Guardians, as a Law repugnant to the Laws of
England, there being no such provisionary Law of Evidence
in this Country. The Speaker mentioned that he should
consider against the next Session of the Parliament of Great
Britain ; whether it would not be adviseable for a clause to
be obtained in some Act, on behalf of the Plantations in this
case. However as this Law is so necessary for the Preserva-
tion of the Lives of the People in Maryland, It is thought
and hoped, It will pass the opinion of the Attorney General ;
The necessity thereof being so urgent.

131

The Law concerning Negroes and slaves, is thought by the
Guardians may be attended with much Cruelty, in as much
as the Masters of such Negroes and slaves upon accident of
killing of them, are not cognizable to Tryal ; It being thought
reasonable, That a Person so killing should be accountable by
Law in some manner for such action, to prove the occasion
thereof.

And the Law concerning Princess Ann Town, the Guardians
will I believe Dissent to, the saving clause to the Right Hon"*
The Lord Proprietary his Heirs & Successors & his respective
Right being not properly secured to him by reason the one
penny Lott is not ascertained therein and it being thought,
that part of the said Town is Escheated to the Lord
Proprietary.

The above Laws objected to being with the council, I can-
not so clearly state the objections to them as I should do, were
they now with me, But to the best of my Remembrance these
were the Thoughts of the Guardians, when the Laws were
before them.

A Question has arisen by the Guardians concerning the
Assembly sitting and making Laws after the Death of the
late Lord Proprietary, which is before the Attorney General
for his opinion ; whether the Laws so made are valid in Law
by your Passing them ? or if not, whether their Validity will
be Established by the Guardians approving of them ?

I return you much thanks for your kind wishes and En-
deavours for the Establishment of the satisfactory recompense
for my service here in my Transactions with the Lord Pro-
prietary for the welfare of the Province, agreeable to the Plan
thereto by the Lord Proprietarys Desire in his Letter to you,
and you may depend your particular Service therein will in
Return from me meet with embracing every favourable oppor-

132

tiinitv in my Power for your Service and Establishment, who
am with real Zeal and Respect

Your most obliged humble Servant
CvECIl! Calvert.
P. S.

You herewith receive an Instruction
from the Guardians, which you will
take care to execute.

SECRETARY CALVERT TO EDMUND JENNINGS.

The Hon"*^ Cfecilius Calvert Esq! his Lord-
ships Secretary of Maryland to Edmund Jen-
nings Esq! Deputy Secretary there; on the
Boundaries between Maryland and Pensilvania.
For a Plan of the City of Annapolis. Obser-
vations on the Deputy s Letter dated the 29* of
March 1752 and concerning his want of Leave
to come to England.

London May the 15'.^ 1752./
Sir./

As you and I are by Commission both appointed Secretary

of the Province of Maryland, My commission with yours I

doubt not but you have received before this with my Letter

of the 24'? of December last. I therefore with you enter upon

the subject of the Boundaries of Maryland and Pensilvania,

desiring what ever Errors and Imperfections I may commit,

you will in your answer set me right ; For I am sensible you

are acquainted with all matters relative thereto, and with all

that has happened, concerning them of late years.

133

I think it appears by the Kings Letters Patent granted to
Csecilins Baron of Baltimore, the Province of Maryland by
the particnlar bounds and descriptions in the said Letters
Patent contained, clearly and indisputably includes the Tract
of Land called the three Lower Countys, which Bounds his
Lordship and his Ancestors have always laid claim to ; and
of which Tract of Land his Lordships Ancestors had Pos-
session 'till Questiou'd in the year 1685.

It also appears to me that King Charles the second by
Letters Patent granted to William Penn the Province of
Pensilvania, by Bounds and Descriptions therein mentioned,
and which no ways comprehends but clearly excludes the
three lower Countys which lye part on the West side of
Delaware Bay, For the grant of Pensilvania is bounded on
the westward by the East side of Delaware Bay, and on the
South by a Circle drawn at 12 Miles Distance round New
Castle Northward and Westward into the beginning of the
40'!* Degree of northern Latitude.

Anno 1683 I find the Duke of York applied to the Crown
for a Grant of these three Lower Countys under pretence, that
th6 they were included within the Bounds of Lord Baltimore's
Grant, that yet, by the Preamble of the Grant of Maryland it
appeared, that the Lands intended to be granted were only
such as were uncultivated, from the words : hactenus inculta ;
whereas he pretended that the three Lower Countys were long
inhabited by the Swedes and Dutch, and consequently did not
Pass by the Grant.

It appears the then Lord Baltimore opposed the passing His
Grant to the Duke of York, which Petition depended 'till the
Demise of the then King so that such Grant never Passed, and,

The IS*? of November 1685 Lord Baltimore's said Petition
came on to be heard before the Lords of the Council when

134

the Duke of York was King, at which time M' Penn appeared
against Lord Baltimore as Agent of the Crown, and not on
behalf of him self; and the Lords of the Council on such
hearing were of opinion, that the Lands intended to be granted
to Lord Baltimore were only Lands uncultivated and in-
habited by savages, and therefore Judged the three Lower
Countys to belong to His Majesty ; and their Lordships Report
was afterwards confirmed by the King in Council ; and M!
Penn and Lord Baltimore required to yeild obedience thereto.

The Revolution following soon after this order was made,
the Government of Maryland was assumed into the hands of
the Crown, by the Reason of the then Lord Baltimore's being
of the Roman Catholick Religion, and so continued 'till the
year 1716 and from that time to the year 1725 Lord Baltimore
was in Minority ; But during all this time Lord Baltimore
and his Ancestors did ever claim the utmost limits and bounds^
mentioned in their Charter, but the Government after the
Revolution probably apprehending a greater attachment to
them from the Quakers of Pensilvania than the Inhabitants
of Maryland, and taking the advantage of the said order in
the year 1685 put the three Lower Countys under the care of
the same Governor who was Governor of Pensilvania ; But
to prevent the Penns from insisting on any Right to the three
Lower Countys on this account, the Crown has always insisted
on the Penns signing a Declaration to His Majesty, that His
Majestys approbation and allowance of the Person, who was
Governor of Pensilvania to be Likewise Governor of the
three lower Countys, should not be construed in any manner
to diminish or set the Right claimed by the Crown to the
said three lower countys.

The Penns from the Governor of Pensilvania having thus
intrusted with the Government of the three lower Counties

Facsimile of the Afap prepared as an Exhibit in tlie Suit brought by the Penns against Lard Baltimore

to determine the Boundary Line. A

135

soon took into their heads to endeavour to make such advan-
tage of this accident, as to make the three Lower Counties
considered as part of Pensilvania, and for that purpose, they
employed People to settle and improve there, protecting them
from paying any Quit Rents to Maryland and at the same
time promising that they should be free from paying any
Rents to Pensilvania Proprietors, providing they would own
them selves their Tenants. This quickly caused these three
Lower Counties to be Peopled and cultivated, but in such a
situation that neither the late Lord Baltimore or the Penns
could ever get any Rent from them, and the late Lord Balti-
more being greatly uneasy to have so large a part of his
Province claimed by the Penns, and being determined to
ascertain his Rights thereto, in case it could not be agreed
in an amicable manner, his Lordship proposed to leave it to
Commissioners on both sides to settle the Boundaries between
the two Provinces, and after several attempts for that Pur-
pose, I am acquainted that articles of agreement dated the 20'?
of May 1732 were entered into between the two Proprietors,
Leaving to the Commissioners to run the Boundary Lines
between the two Provinces.

These Articles of agreement after being signed were sent and
being laid before some Geographers in Maryland, it appeared
to them, the late Lord Baltimore had been greatly Deceived
and imposed upon therein, particularly that the Penns had in
the Mapp referred to by the agreement placed Cape Henlopen
and described it as it if had been the Whorekiln another place
and placed Cape Cornelius where Cape Henlopen should be,
a great distance from each other of many miles to the great
Prejudices of the Lord Baltimore. It likewise appears that
Lord Baltimore could not possibly receive any advantage from
any concessions made in these Articles by the Penns, and

136

Therefore had no consideration for giving up such vast tracts
of Lands to the Penus, which would be given up in case the
Lines should be in the manner the Penns Commissioners
insisted on.

The 8'^ of August 1734 it appears Lord Baltimore pre-
ferred his petition to the Crown, humbly praying inter als,,
his Majesty not to interpret the words, Hactenus Inculta, in a
sense exclusive of any part of the Lands comprized within the
Limits of his charter altho some small parts thereof should
at the date of the charter happen to have been inhabited by
the subjects of Foreign Powers.

The IG*!* of January 1734, This petition I find was referred
to the Board of Trade, their Lordships of Trade made their
Report in Lord Baltimores Favour, upon which M"; Paris
Agent for the Penns, inter als, presented a Petition in the
name of the Penns, setting forth the said articles of agreement
in 1732, and praying that the said Lord Baltimores Petition
might be dismissed.

The 101'' of May 1735, it also appears that the Lords of
the Committee appointed, to be attended upon the said Petition
and report, and My Lord President then laying before their
Lordships, a Letter he had received from Messieurs Penns
acquainting his Lordship, that they had directed a Bill in
chancery to be filed for a specifick performance of the said arti-
cles of agreement in 1732, and humbly hoping their Lordships
would not proceed to any determination on Lord Baltimores
petition, 'till the event of such suit in chancery should be
known ; Thereupon their Lordships were of opinion and so
reported to His Majesty, that the consideration of the said
Report and Petition should be adjourn'd to the end of Mich-
aelmas Term, that the Penns might have an opportunity to
proceed in a Court of Equity to obtain relief upon the said

PHOTO-UTH. BYA.HOEN & CO. BAITO.

t,»»- >; •>» ■ -^BMkk « '-- .

137

articles of Agreement, the said Report was confirm'd the IG'i"
of May 1735.

Here I leave all Enquiry of what has happen'd since, in
which you have been so principally concern'd, and are so well
acquainted with ; only I make these observations, That I con-
ceive, the merits of the two charters Right has not been tryed,
and I think it seems plain, the Penns have no colours of Title
to the three Lower Counties.

What is now desired and required of you for the present
Lords Service is : As you was a Commissioner for settling the
Boundarys of Maryland And Pensilvania appointed by the
late Lord Baltimore, and consequently have been at the sev-
eral disputed Places of such Boundarys ; and as by the death
of the late Lord Proprietary the afore mentioned articles of
agreement be entered into with the Penns, and all Proceedings
subsequent to them, by such Death are now at an End ; his
late Lordship by his marriage Articles being only Tenant for
Life, and the present Lord Tenant in Tail, and therefore not
bound by this act of his Fathers.

The Present Lord Proprietary and his Guardians desire
you will send me a proper Description for his Lordship's and
their information, how the Boundarys were pointed out to
have been settled by the said articles, and to describe wherein
his Lordship's lather was over reached by the Penns. And
you are desired, to propose a proper Rectitude of such intended
Boundarys, by pointing out those, which in your Judgment
would be the proper Boundaries for both the Provinces, Both
as to the 40'?' Degree northern Latitude, and as also the Eastern
and Western Division on the Eastern Shore, by a Line drawn
from the true Cape Henlopen Northward, adjusting the Dif-
ferences between the Penns with relation to Maryland in re-
spect to the three Lower Counties ; For the present Lord with
18

138

Honour and Justice to his Family and the Province of Mary-
land, and to avoid new contentions with the Penns, to agree
to, which his Lordship is desirous of, and that you would send
me such charts or mapps you shall find necessary to be made,
for explaining the same.

In a Letter from my Nephew dated at Paris May the 6*
1752, he informs me, and desires I will insert in my next
Letters to Maryland, his desire of a Plan being sent to him of
Annapolis and 'tis Environs, to be drawn by one of the best
Surveyors ; which I recommend to your care, and hope, you
will by the first opportunity the same.

On almost finishing this Epistle, I have the favour of you
very obliging Letter from Annapolis dated March the 29'_''
1752 which arrived by the way of Bristol, and I have but
just time to acknowledge the Receipt thereof.

What you relate on My Lords Affairs gives me concern,
th6 not so sensibly affected with 111 consequences, as I regard
the present Lord Proprietarys Property in Maryland to be so
well secured to him, and not to be subject to any loss. Yet
it would be of great satisfaction, if the Boundary Line you
mention'd had not been run, A loss was it to be, including
near 200 square Miles, hitherto to have been held under the
Government of Maryland ; I cannot conceive the Chancellor
here will Decree the said Line to be carried into Execution,
it seems neither Lawfull nor Equitable, therefore I have no
apprehension of such a Determination.

The weak unauthorized Loss sustained, by the destructive
articles of agreement executed by the late Lord, indeed is a
melancholly and vexatious subject even to think on, however
Justice will ever prevail against Fraud and deceit ; and the
present Lord has Fortitude and Resolution and too good
an understanding to defend himself, as not to Justify his

139

Honour and Interest both in regard to him self and to
his Province.

M! Paris was lately with M! Sharpe, his Errand was from
M! Penn ; MT Sharpe hinted to him of the articles of Agree-
ment being void, Ml Paris replyed, he was afraid so, and
said he came from the Penns, to Know if Affairs in Dispute
between the two Proprietors, was to be amicably adjusted ;
M! Sharpe replyed, most certain, and that the present Lord
Baltimore was desirous of the same, and he could answer that
the same was the sentiments of all Persons concern'd for him ;
which would appear on My Lord's side on his arrival at age :
Mf Paris replyed that amicably the same was the Desire of
the Penns. Thereupon all further Discourse on this subject
ceased, with this agreement to Rest all matters until My Lord
was of age.

You may depend upon the sincerity of my friendship to
you, and that I shall always be desirous of doing you any
good office. As to your Leave of coming over, his Lord-
ship's Guardians, to whom I have mentioned the same. Desire
you will postpone all such Thoughts until you have My Lords
own Leave, which you may depend I will obtain for you at
his coming of age, which I think will be the 6*? of February
next ; which shall be forwarded to you by the first oppor-
tunity afterwards ; In the mean time you will furnish me
with such Returns to this Letter as you can, and if any thing
shall remain to compleat the same, let such be brought with
you. I am wishing you all Health and Happiness, with

peculiar Esteem

Your faithful Friend and

Servant

Cjecil! Calvert.

140

SECRETARY CALVERT TO BENJAMIN TASKER.

The Hon''!^ Ceecilius Calvert EsqT his Lordships
Secretary of INIaryland to Benjamin Tasker Esq^
his Lordship's Agent and Receiver General
there, concerning the Quit Rent Roll Books
with a Plan describing how to make out the
said Books, to be sent to England, with Di-
rections advice and observations of and con-
cerning the same, so as to render the said Quit
Rent Rolls of use and true to the Lord Pro-
prietary. Directions as to Bills to be taken
in INIarylaud, and inquiry who Possesses the
10000'? acres Lady Baltimores Bequest on the
Death of Thomas Brerewood EsqT

London May the 15*1' 1752.
Sir./

The six debt books or Quit Rent Rolls for part of Lord
Baltimores Estate in JNIaryland for the year 1750 are come to
hand ; But from whom is yet unknown no advice having been
received with them ; nor do they express when the said year
either commenced or determined.

The said Books have outside Titles, but no inside ones or
explanations to show what the Entrys in them mean ; They
are supposed to stand for numbers of acres, and sums of the
Quit Rents, and by Computations so far as have been tried
are found to be made at the different Rates of Ten shillings "p
100^ acres for some, one penny "^ acre for others. Four shil-
lings "^ 1001 acres for others, and two shillings ^ 100! actes
for others ; At which last mentioned Rates 25 acres is either

141

one shilling or six pence, and for numbers of acres under 25
at those rates, either one half penny or a farthing an acre are
computed for them, as the nearest calculation to one shilling
or Six pence for 25 ; and other Rates of Quit Rents may here-
after appear to have been received. Which computations in
many Particulars disagreeing with the quantities of acres and
sums computed thereon ; and the said Debt books or Quit
Rent Rolls being also found erroneous in several additions
and carryings over of Totals from page to page, wherein totals
are carried over, for in some they are not, it evidences their
having been transmitted without Examination. They there-
fore must be properly authenticated, and made out in a more
correct and explanatory manner ; For which a form is pre-
pared and herewith sent you, That one annual Quit Rennt
Roll for each County may be signed by the Register and
Collectors to remain in England as a regular annual charge,
wherein only future additions or alterations may be noted in
subsequent years. The Errors hitherto found on these ex-
aminations are inlisted and sent you to show the Imperfection
of these Debt Books of Quit Rent Rolls, for it is useless to
spend more time in going through the whole.

This Form supposes the reserved Quit Rents to be all on
one Kind of Tenure ; But if otherwise ; the Quit Rent Rolls
of Estates in Fee should be separate from those on Leases,
and those on Leases should have distinct Rent Rolls ; The
one Roll to be for Rents reserved on Leases for Lives, ex-
pressing for what Lives ; and the other Roll to be for Rents
reserved on Leases for Terms of years, expressing for what
Terms. And it is proposed that in the said form, the Pages
in the Register Books should be entered, to satisfy my Lord
and his Guardians, that the Quit Rent Rolls are true by being
taken from the Entry of the original rise of each Quit Rent.

142

Then to have the owners names with the names of the Lands
they hold, the quantitys of acres under the different Rates of
Quit Rents each quantity are held, to be entered in distinct
columns, and each Rent computed into the Sterling amount
thereof to be added together, and the Totals of such additions
where more than one parcel of Land is held by the same
owner, to be carried into an extreme column ; which extreme
column will then contain the annual Sum in Sterling money
payable by each owner for his Quit Rents : And as the num-
bers of acres held under each Rate of Quit Rents are in
separate Columns, they will make Totals to prove the compu-
tations to be right, either of each owners annual sum, or the
Total of Quit Rents to any page, or of the whole Rent Roll
of each County ; And the Quit Rent Roll of each County
should be made out on the same sized Paper, and sent over by
one or two Countys at a time as compleated, that they may
be bound together in England when the whole are received.
On perusing Instructions heretofore sent and with you, for
granting out the Reserved Mannors and Lands in each County,
on Leases for Lives on certain Fines and at Quit Rents of
Ten shillings '^ 100'^ acres ; It is necessary to have a Return
made of the several reserved mannors and Lauds in each
County, and the names of their respective Tenants, the num-
bers of acres with the several holdings that each claim under ;
and an Account of what Parts now remain ungranted of the
said Reserved Mannors and Lands in each County ; And of
all Escheats which may have happened to the Lord Proprie-
tary, and to have a distinct Quit Rent Roll for each County
of the said Lease hold Rents for Lives, as before observed, to
be made out and signed by the Register and Collectors, as the
Quit Rent Rolls of Estates in Fee are to be, and on the same
sized Paper, which Quit Rent Roll is to remain in England

143

as a regular annual charge, wherein only future additions or
Alterations may be noted in subsequent years.

N. B. It appears that in St. Marys County several Parcels
of Land are yet held under the Delivery of certain Bushels
of wheat or other corn ; Altho by virtue of the marriage
articles of Benedict Lord Baltimore binding on him, and
Charles his Father and also on Charles Late Lord Baltimore
by his and their marriage articles; no grants of Lands in
Maryland were to be made without Reserving the Customary
Quit Rents and it is apprehended here, that many Trials have
been had in the Province on that account, where Grants have
been made without such reserved Quit Rents ; To which the
owners of such Lands have submitted to pay the said Custom-
ary reserved Quit Rents, as in Law and Equity they alwavs
must ; and this Right of property as to the holding having
been so rectified and submitted to, why is it not under all
such like cases.

It is necessary also to have a distinct account of all the
Tenants holding Ferrys in each County, wheter granted
by Leases to the County Courts or private Persons ; dis-
tinguishing the Lesers names, the Terms of years in their
Leases, and the several reserved annual Rents thereon, to
be made out on the same sized Paper as the other Quit
Rent Rolls, and signed by the Register and Collectors, if
the said leases have been registred (which ought to have
been) or to be otherwise properly authenticated, which account
is to remain in England as regular annual charge, wherein
only future additions or Alterations may be noted in sub-
sequent years.

The Guardians for the present Lord Baltimore Lord Pro-
prietary desire for their satisfaction, and his Lordships Infor-
mation, answers to the following Particulars.

144

Whether the Register has had the proper surveys with the
Boundarys of each county delivered him from the Land office,
or from whom, or where such surveys Issue; and to know
what Quantitys of Land are still ungranted in each County
and how scituate, and what different Quit Rents may be
reasonably reserved for such ungranted Lands according to
their scituation and Goodness.

To Know on what conditions and under what Quit Rents
the first Grants of Lands in Maryland were made, and M^hat
alterations have happened in subsequent Grants of Lands
under the Authoritys of the several Lords Proprietarys ; and
the Reasons to be assigned for the different rates of the Quit
Rents payable for the Lands so granted ; But particularly
where different Quit Rents are reserved for different Quantitys
of acres of the same described parcel of Land ; which appears
to be the case by the Debt Books or Quit Rent Rolls received.

Whether the Register ever gave the Collectors or Farmers
proper quit Rent Rolls from the Register Books, of all the
Lands granted in each County, with the names of their re-
spective Parcels, to whom granted, and under what Quit
Rents reserved ; And whether every alienation from one owner
to another, or Escheat of Lands in fee to the Lord Proprietary
for want of Heirs, have been registred in the Province ; and
what Price such alienations or Sale of Lands generally bear in
Maryland. And an Account is to be sent over of all I^ands
possessed under Escheats, and how and by what Authority the
same are now held, with their improved Rents.

To whom is the first Application made in Maryland on any
Persons applying for a Grant of Land, and in what manner
must such Person afterwards proceed at each respective office
or Place for obtaining such grant and the Possession of the
Lands therein specified.

145

The observations herewith sent, will be a Plan for making
out the Quit Rent Rolls of the Eastern Shore, and whereas by
your Letter dated at Annapolis the 24!!' of October 1751, to
Mf John Browning, which is but lately come to my hands,
you their mention the Rents and Rent Rolls of the Eastern
Shore, and that the Decree had put a stop to your speedy
Prosecution thereof, by reason of the Lines that have been
run, and that many of the Tenants of the Lord Proprietary
being taken in by those Lines as part of the Province of Pen-
silvania, they will not pay Rents in Maryland : Yet it is certain
that the articles of agreement between the late Lord Baltimore
and the Proprietor of Pensilvania are now void, by the reason
that the late Lord Baltimore was only Tenant for Life, and the
present Lord Proprietary of Maryland by the settlement on
his Fathers Marriage, is Tenant in Tail ; and therefore the
Agreement by the Tenant for Life, cannot bind the present
Lord Proprietary who is Tenant in Tail ; and consequently
those Lines, cannot now take away from Maryland the present
Proprietarys Right to those Tenants. And as this is now the
case, and I hope understood so by the Governor; The said
Tenants described within those Lines are now or will be as
before be the Tenants of Maryland.

And by another Letter dated the S"? of November last to
the same Person, you desire to know, to whom the Bills
hereafter to be taken in Maryland are to be made payable
here ; whether to the present Lord, or the Executors of the
late Lord. In answer thereto, as to the Bills for Arrears
due to the late Lord, they must be made payable to his
Executors; But Bills for Moneys due to the present Lord
must be made payable to him and to his Guardians ; and
in case any Action or Protests should be occasioned to be
brought in either case, the one must be at the suit of the
19

146

Executors of the late Lord, and the other at the suit of the
Guardians of the present Lord.

On the Death of Thomas Brerewood Esqf who was by Per-
mission of the late Ijord Proprietary suffered to enjoy the
Grant of Ten thousand acres the Bequest of Lady Baltimore,
who devised the same to the Hon^!® Charlotte Brerewood, the
Title to which, being only the gift of Charles Lord Baltimore
the late Lord! Grand father, to his Lady, the late Lord by
virtue of his Fathers Marriage Articles, held the Tenure of
paying a Bushel of Indian Corn instead of money, in Quit
Rents, to be void ; and as the said Thomas Brerewood is dead,
you are desired to inform me in whose possession the said
10000'? acres now are, and what rents (for the use of the present
Lord Proprietary) are paid for the same.

Your Letter dated the 2*^ of last month with the Papers
inclosed, is just come to hand ; To the matters contain'd
therein, the Guardians now being out of Town, I cannot by
this Conveyance give you an answer.

You have herewith an Instruction from the Guardians on
the subject matter of this Letter, which I hope will enable you
to perfect and do what is herein desired ; and the Lieutenant
Governor has also au Instruction sent to him on the same
subject.

I am very sorry That the observations of the Inaccuracys
in the Debt Books sent over has occasioned the Guardians
notice thereof; which inaccuracys I apprehend have pro-
ceeded from Persons Intrusted by you, and as such, I repre-
sented the same to the Guardians on your behalf; assuring
them of the Honour and integrity you have always bore
in life, which I am very sensible of, and the Guardians
thereupon were satisfied ; not doubting but you will Exert
yourself in obtaining what is now required. In the mean

147

time you may depend upon the sincerity of my friendly
services to you, who am

Your real Friend and humble Servant
Cecil! Calvert.

P. S. The Several matters of this Letter are drawn up by
me pursuant to the Guardians' Directions, to whom
the same has been read.

SECRETARY CALVERT TO BENJAMIN TASKER.

The Honl^ C^cilius Calvert Esq": His Lord-
ship's Secretary of Maryland to the Hon"*
Benjamin Tasker EsqT first of the Council of
State, and Agent & Receiver General in the
Province of Maryland. On the Shipping Busi-
ness. On Ann Arundel Mannor. On Remit-
tances by Bills of Exchange. On Capt? Hyde's
Arrears. About the Expiration of the Farmers
Leases of the Rent Rolls, on the Acts of As-
sembly in May & Decf 1751. on the Death of
the late Gov' Ogle about Palatines going to
Maryland. About the Resignation of his Office
of Agent. About the Forfeiture of Susque-
hanah manner, and on Mess" Penns Petition
to the King in Council concerning their South

Boundarys.

London July the 9"^ 1752/
Sir/.

Yours of the 2'^ of April last, has been by me communicated

to His Lordship's Guardians, who have perused the same,

148

and have approved by way of Answer to the Particulars as
follow, viz.

On the Shipping Business. That is the Tonnage I suppose
you mean depending on Trade. It is desired to know If the
same is taken according to the Report of the Sollicitor General,
and the Kings Order of Council thereupon, at the Court of
White hall the 23* of February 1692.

For by a Law of the Province in 1661, it was enacted that
all vessels whatsoever not properly belonging to the Province,
having a Deck flush fore and aft, coming in and Trading
within the Province, should pay for Port Duties and anchorage
a Pound of Powder and Three Pounds of shot or so much in
value, for every Ton of Burthen, to the Lord Proprietary and
his Heirs, which Duty hath by usage been turn'd into money.
Viz. Fourteen pence ^ Ton, and so answered to the Lord
Baltimores, and constantly applied to their own use &c.

For the order of Council, vide, Votes and Proceedings of
the Lower House at a Session of Assembly the 1" day of
May 1739.

On Ann Arundel Mannor. The consideration this manuor
falls under is of great Importance, as it is the most valuable
and has the Lead ; being the first erected Lands into a mannor
to hold Court Baron, and to have a view of Frank Pledge in
the Provi. It was Plaun'd by the first Proprietary to inform
his successors, that by reserving Judicially particular Parcels
of Lands in and about the Province, such Properties in time
would be a valuable Augmentation of Riclies to them, as the
increase of People settling about such Premisses would in
time make the Demand of them Lands very valuable, and
one of the chiefest Recompence for his and their great Expence
and Labour for the Enlargement of the Empire and Dominion
of Great Britain. From these Branches of Property the

149

Proprietaiys Revenues will increase from time to time ; All
other Revenues issuing from Lands within the Province being
granted out to the Purchassers in absolute Fee, are subject
only to a small annual Quit Rent to the Proprietarys and
their Heirs for ever. The Property of the mannors being as
I conceive herein specify'd, his Lordship will and all concern'd
under him must, Beware of the first Step, in fixing Rents
that are to issue from them binding on him and his Heirs
(according to your Proposition of Leases for 99 years for
Ever) Yon therefore must state the case of the Tenants of
Ann Arundel Mannor, with the conditions and Proposition
the Tenants by oifer make to the Lord Proprietary for renew-
ing their several Leases. Upon due Consideration thereon
touching the Lands, and each particulars just Rights, Interest
and advantages, you are to give your opinion and assign
Reasons, viz. why conducive to the Lord's Consent, with the
prejudice it will be to him, his non acceptance of the condition,
and of his said Tenants oifers. The same you will by the
first opportunity transmit to me, to be laid before my Lord
and his Guardians for their consideration and answer. You
should have meution'd the time of expiration of the said
Leases, for it's very material the having notice at least two
years before their Expirations, whereby the Proprietary may
have sufficient time to determine on Affairs of such Conse-
quence to him, by negotiation to and with the Province, as
mav ascertain him in a rio-ht Judo-ment concerning the same.
On your Remittances by Bills of Exchange. If you mean
all money Bills, since the late Lords Demise, which have been
transmitted by you, is on account for arrears due to the late
Lord, You have done rio-ht in assignment of them to the
Executors. As to Bills of this Lord's they ought to be as-
signed to his Guardians ; But if by mistake you have blended

150

this Lords account with the late Lord's by assignment of Bills
to the Executors ; You must make a Distinction of the two
Lords accounts in the stating of your general Account, the
Guardians thinking it not material to direct any other alter-
ation, by reason of the present Lord's being so near of age.
Viz, the Q'^ of February 1753. Whereas Bills of Exchange
payable to the Proprietary being drawn on all parts of Great
Britain, are therefore by him or his Banker obliged to be cir-
culated for payment, and consequently subject to loss in point
of Time, or by the mislaying of Bills with the Parties on
whom they are drawn, the difference of Exchange, and charges
of Letters <&c ; and to loss even of the whole Bill ; as for in-
stance, by the List of Bills of the 29'?" of November 1746 with
you, the Bill of Exchange drawn by Benjamin Grassen on
John Corbett at Glasgow for 40ft). M! Browning says that
he delivered it to M: Hanbury in March 1747 and that Ml
Hanbury did not Peturn it to you protested 'till December
1751. You therefore see the consequence the said Bill must
prove to you, and the Difficulty you and he will have in the
Recovery of the same, either from the Endorsers, or on the
Party at Glasgow on whom the said Bill was drawn.

Whereas by Instructions to former Agents, which all suc-
cessors in the said office were always to have Regard to ; It
doth appear, that orders were given and executed conformable
thereto. Viz, That all Shipping officers, as to Bills arising
by virtue of the aforesaid Duties or otherwise, were made
payable to the late Lord Baltimore in London (agreeable to
the Rents which are in Sterling) except those to the payment
of the Governor's Salary ; and were likewise to take care that
all other Bills of Laud warrants &c. were also made payable
to him in London. Vide Instructions to Nicholas Lowe Esq!
Ag-ent &c dated the 5* of December 1722. How comes this

151

method of Remittances to have been altered ? The Difference
by Reduction of charges &c, as to Quantum in vahie thereby
less received to the Proprietary is too considerable to slip
unregarded ; and in which the Proprietary will no doubt
substitute a Remedy.

Upon the Demand of Account you inclosed to me of old
Captain John Hyde, I have discoursed M!" John Hyde his
Son, thereon, who say.s, that he is desirous of having an amic-
able End put to all his Brother's affairs in Maryland, and will
do every reasonable thing that can be desired of him for that
Purpose; But he can't as an honest man be so partial as to
give all or a great part to a few, and little or nothing to the
many tho small Creditors of his Brother ; That he has often
wrote to you, and now repeats it again, that when his Brothers
Creditors are satisfied in Maryland in general, if any thing
remains in his Power, his Intentions are to be grateful. As a
friend I advise, be cautious if any thing comes before you
wherein a Byass may be suggested ; try healing measures ; I
think Mr Hyde means well to the sufferers, and concessions
should be made for the Creditors in general I find he has
wrote, he would rather part from Rights of his own, than seek
to take from the Creditors of his Brother. I think you would
find your account in attending to this advice. His Letter to
Mf Philipp Thomas Seuy and M^ W"" Thomas acknowledges
(which you have herewith inclosed) Lord Baltimore's Quit
Rent as ^ account you sent me due to his Lordship and not
paid, nor will he pay it here. You therefore must attach and
distrain the Lands, and take all such measures as will secure
the Proprietary his money at all Events.

The Farmers Leases of the Rent Rolls, your advice is de-
sired, as to the time of their Expiration.

152

The several acts of Assembly passed at the Sessious of
Assembly for the Province, begun the 15'!" of May 1751, and
ending the 8':'' of June following, which acts have been con-
firmed by a subsequent act of Assembly begun the T'? of
December 1751, and the said former acts having been under
the consideration of the Guardians, with the assistance of His
Majesty's attorney General and his Lordship's Council : And
as the Guardians by their Letter to you, incline to leave the
full Consideration of the acts of Assembly in the May Sessions
1751 to his Lordship for his Determination when he shall be
of Age. I being present at the conference on them, and hav-
ing taken some Minutes and observations, take leave briefly
to add my own private Thoughts to you ; not as clashing with
their opinions in point of Judgment on them, but as a small
Testimony of my sincere Regard and Zeal for His Lordships
Service, and the well being of the Province, aud means to
remove all objections to any particular act of the said sessions,
that may arise with his Lordship, when under his Consideration.

The objections to the propriety or Expediency of three of
the said Acts, as to the particular Provisions contained in each
of them ; I have here under represented such, as I conceive
may arise with the Lord Proprietary.

The Act for making the Testimony of convicted Persons
lesral against convicted Persons has occasioned great doubts
and Difficulties, For however salutary such a Provision may
seem as adapted to the particular Genius and present cir-
cumstances of this Country, yet the Power of Legislation is
Limited by charter with this remarkable restriction that the
Laws be not repugnant, but as near as may be agreeable to
the Laws of England. This calls for the greatest Care and
attention to avoid doing any thing, that may bring any diffi-
culties or Inconveniences upon the Lord Proprietary, by taking

153

too great a latitiule iu the Construction of the Charter, and
tho he will be unwilling to signify his Dissent to any Law
passed by the Legislature of Maryland where he can possibly
avoid it. Yet he can never give His positive assent to this
Law without the most Deliberate consideration.

In Respect to the Act Entituled "An Act for the more
Effectual Punishment of x^egroes and other Slaves and for
taking away the Benefit of Clergy from certain offenders and
a Supplementary act to an Act Entituled an Act to prevent
the Tumultuous meeting and other Irregularities of negroes
and other slaves and Directing the manner of Trving Slaves.

I can Entertain no Doubt from the great Prudence and
long Experience in the Constitution and Genius of the Legis-
lative Power, and in the late Lieutenant Governor, but that
the Propriety of the several Regulations made by this Law,
the particular Severities and Penalties it inflicts, with the
methods of convicting offenders and the provisions laid down
for the Discipline and Regulation of Slaves, have all received
the most serious consideration and are found necessary for the
well being of the Publick and the Preservation of the Com-
munity, and are agreeable to the Ussage and Laws respecting
slaves in the rest of His Majestys American Dominions, for
which reasons I apprehend the General Expediency of this
Law may very properly be referred to the Discretion of the
Provincial Legislature, But I cannot help observing a great
Inaccuracy at least in the Penning the 9'? section of the act
by which a Power is given to any Person to Kill a Slave
making resistance, and the Person Killing is indemnified
from any Prosecution for such Killing. The Expression I
am satisfied meant no more than to carry an Indemnity after
the Facts had been judiciously brought by Legal Tryal within
the circumstances prescribed by the act, and that the act ought
20

154

to receive this construction both from the Judge and Jury,
But, from the manner of Penning the Expression, a Doubt
may arise whether the Killer is not to be Priviledged even
from Indictment and Tryal ; and yet, how shall it appear,
that the Killer was Lawfully authorized to apprehend, or that
the Slave had offended, or had resisted, but by Evidence at
the Tryal ; so that a Tryal is necessary to make this Excuse
appear, and to bring in the Justification under the Act. I
could wish to see this Inaccuracy rectified by Expressions
more explicite to obviate every Doubt and the Inconvenieucies
which may result from such Doubt.

The only remaining Act which deserves a Particular con-
sideration is " An Act to aid the Title of Purchasers of Lots
in Princess Ann Town in Somerset county.

And I am sorry to find His Lordship will be under a
necessity of Dissent to this Act, as this Law is a manifest
Invasion of his Lordship's private Property without his Con-
sent first had and may prove a mischievous Precedent hereafter
if not cheked in the Beginning. It Determines upon a Doubt
of Escheat without apprizing his Lordship of his Title even
by Extinguishing the very Right of Escheat ; It sells his
Lordships Lands, at a price settled by the People, and not
him self, and strips him of his Quit Rents, which had been
reserved to him by another act not above six years before,
without any Equivalent for what the act takes from him.
How the act came to be passed in the Province or what
were the particular motives of necessity or Conveniency to
Recommend it, I am at a Loss to guess ; having received
no information upon it further than the preamble affords, and
therefore I can only Judge upon the act according to the
appearance it carrys upon the face of it. Nor indeed has
there been furnished with any other Rule or means of Deter-

155

mining npon any of the acts Transmitted, in which ones
Judgment would have been greatly assisted by a previous
Information as to the Rise and Progress of each act, the
springs which gave it Birth and the Ends proposed to be
attained ; and I cannot help recoiiiending the Transmitting
some short succinct account of this Kind to accompany the
future acts to be transmitted for the Lord Proprietarys Ap-
probation.

Thus, Sir, I have acquainted you with my sentiments upon
the propriety of the said three acts of Assembly.

As to the act relating to the Escheat and that Strips the
Lord Proprietary of his Quit Rents which have been reserved
to him by a former act ; I conceive the same may be ascer-
tained to his Lordship by a supplementary and explanatory
act, without a disagreeable negative from home; And the
Inaccuracy of Expression in the act for the more effectual
Punishment of negroes, may be set right also by a like sup-
plementary and Explanatory act ; which Hints from me I
recommend to your consideration, that you may prevail on
the Legislative Power of the Province to Establish, in case
another Sessions of Assembly shall happen with you subse-
quent to this Letter ; as they will preserve the said Laws and
remove every objection to them here ; for it will be very
disagreeable to the Lord Proprietary to begin the Exercise of
his Government with any Dissent, as it will be also disagree-
able for a new Lieutenant Governor to open his Commission
with any Dissent to former acts passed by his Predecessor.

Herein I think my Sentiments on the said acts do not clash
as I observed before with those who considered them on the
conference.

As to the last mentioned acts I hope in case it should be
necessary for you to meet a Session of Assembly before the

156

arrival of a Lieutenant Governor, they will be aided by the
Legislative Power with such supplementary and explanatory
acts to them as may remove all objections ; especially the act
concerning Princess Ann Town, which certainly must have
as it now stands, My Lord's Dissent. The Consequence of
which Dissent I am well informed, will be the occasion of a
Dissolution to the act for the continuation of actions and
securing the Peace and good Government of the Province
passed in the sessions of Assembly begun the 7'? of December
1751, wherein, that, and all the other acts passed in the May
Sessions before are confirmed ; which will be laid before His
Lordship when he comes of age for his consideration, with the
said other acts.

I now proceed to answer yours of the 6':^ of ]May last
confirming to me the death of His Lordship's Lieutenant
Governor, M^ Ogle, in consequence whereof you have taken
upon you the Government, as first in the Council of State.

I am sorry for the Loss of the Lieutenant Governor es-
pecially it being at so momentary a time as the near Approach
of the Lord Proprietarys being of age ; However as all things
are subject to mortality, I am glad you have the Exercise of
Government. The Guardians are well satisfied therewith
from your honest Peputation. And I am informed That
as you being first in the Council, in taking upon you the
Government on the Demise of the Lieutenant Governor, it is
agreeable on such accident, and has been usual throughout all
His Majestys Plantations. I have attended the Lords for
Trade with what you sent me for them, and their answer was,
That they supposed it was in the customary Form and would
be satisfactory.

The Copy of the commission whereby the late Lord Pro-
prietary appointed you President of the Council I laid before

157

the Guardiaus, it being void ou the Demise of his Lordship,
and you being vested in the Government of the Province as
first in the Council, the Guardians think it unnecessary to
renew the commission of President.

As to the Sessions of Assembly. It may have been necessary
to meet in June as you represent, concerning the inspecting Law
which expires in December 1753; and I hope the Guardians
will have the satisfaction of hearing of a regular and peaceable
meeting of the said Assembly. As to my part I do not in
the least doubt, but you will do every thing whilst under the
Honourable situation for the welfare of his Lordship's Interest
and for the good Government of the Province ; and that the
connection you had with the late Lieutenant Governor will
enable you to pursue his Measures as such.

I have given a Recommendatory Letter for Mf Bartholomew
Myer a German, who intends a visit to the Province of Mary-
laud, whose occasion is and may be the Introduction of a
number of Palatines into the Province, as his credit is great
with them ; Therefore as the Increase of People is welcome
to My Lord Proprietary s Dominion, I hope you will show
him all such civilitys as my Letter to you imports to him,
and desire the same from all others as Friends to the Pro-
prietor and the Province. I have also given a like Letter to
you committed to the care of Mess" F. and E,. Snowdeus and
Dr. Wolstenholme, to whose care a number of Palatines now
bound for Maryland are consigu'd ; to do such service to the
Palatiues at their Lauding, for conducting them to the place
of their Settlement in Maryland, as by my said Letter will
appear ; which services must be done at the most moderate
Rate in respect to the Lord Proprietor, and so as to answer
such requisites as are necessary to their service.

158

Yours of the 19'.'' of April came to my hands after that
of the 6'* of May last, and I am very much obliged to you
for your kind Reception of M' Pye who is a Relation of the
Family.

I make no manner of doubt, nor I think will his Lordship
have at his coming of age, when I shall lay before him, the
consequence of your several pecuniary transactions, how bene-
ficial they have been to his Fathers Revenues, and are now
established to his present Lordship ; of which he certainly
will be sensible when he considers the same, how they have
been improved from time to time during your acting in the
agent and Receiver General's office. As to your resignation
of this office, whereof you have wrote to my Lord, your
Letter I have forwarded to His Lordship ; but you must
postpone all present Thoughts thereof until his Lordship's
coming of age ; at which time according to your desire my
Lord will give you his Information concerning the same,
which I shall apprize his Lordship of, it being your Request.

As to the Susquehanah manner, I cannot at present send
you the Proofs as you desire concerning the Talbots Forfeiture
of the same ; But I have spoke to M! Sharpe one of his
Lordship's Guardians, who has directed me to give orders to
Ml Hamersley his Clerk and a Sollicitor at Law to make the
Inquiry and to obtain proper Evidence thereof from the Com-
missioners of the Forfeited Estates in the year 1715, in which
I shall loose no time in obtaining and sending to your care.

Here is one My Brooks in London, called Doctor, he has
been to wait upon me, and I find by him he has practiced
Surgery in Maryland. The Intercourse between us has been
with civility, he has wrote me a Letter lately professing much
Esteem for me, but as my being concern'd in Transactions of
Afi'airs for my nephew, and he expecting daily to act as agent

159

coucerning Remonstrances coming from Maryland, in which
he shall do (as he calls it) his Country service, is afraid it will
break off all further Correspondence between us. What he
means I know not ; however, if true, it shows there are some
111 designing People, who are consulting to disturb the Quiet
and Peace of the Affairs belonging to the Province ; and of
which I apprize your for your Inquiry, as also to let me know
the character of the said DT Brooks.

Inclosed is a Copy of Messieurs Penns petition to the King
in Council coucerning the South Bounds of Pensilvania, which
if fairly Run, I think will meet with uo obstructions either
from the Lord Proprietary or the Inhabitants of Maryland ;
however as the Maryland Northern Boundarys are not speci-
fied in the said Petition, so as to desire Commissioners to act
in concert with commissioners for Pensylvauia ; and the said
petition having been referred to the Lords for Trade and
Plantations, the Lord Proprietarys Guardians have in that
office entered their caveat thereto ; as a means to be heard as
to what shall be relative to run the said south Boundary of
Pensilvania, in regard as it may effect the North Boundary of
Maryland ; which I inclose to you for your private Satis-
faction and all those concern'd in the Establishment of the
proper Boundarys between the two Provinces ; and I hope a
Prelude to the Penns being convinced that the late Lord's
articles of agreement with them concerning all Boundarys
between the said Provinces, is void, by reason of the late
Lords Marriage Settlement, so as not to bind the present
Lord under so injudicious an Agreement.

You have herewith a Letter from the Guardians, and the
Instructions they have sent from time to time. I think it
will be right for you to consult with M! Secretary Jennings
in all Publick affairs ; as to vacancys in the Council of state.

160

yoii would do well to have the general opinion of the said
council for the filling up such vacancys, unless you have very
particular Reasons to the contrary. I beg pardon for intrud-
ing upon your Power with this advice, which I hope will be
acceptable to you, as my offering is with good intention.

Before I conclude this informs you (tho not proper to be
publickly known) after thanking you for your good wishes
to me, that ou considering my state of health and Time of
Life, I have declined the Guardians offer of the Government
to me, and as I am sure, it will be better supplied by another
more proper Person in all Capacitys.

By advice from abroad. My Lord is in his way to England,
and soon expected. I am wishing you a good Judgment in
all things, with peculiar Esteem and Respect
Sir

Your most obedient humble Servant
Cecil! Calvert

Post. In an Article of my last Letter to the late Governor
I mentioned a Request the Speaker made to him by the desire
of Sir George Loe, on behalf of M! Youngs son being pro-
moted to some Employment when opportunity offer'd, which
I now renew to you.

In the Sessions of Assembly the T*? of December 1751.
there is voted an Address to the Kings most Excellent Majesty
from the Upper and Lower Houses of Assembly on account
of the Death of the late Prince of Wales, which Address,
together with an Address on the Demise of the late Lord
Proprietary, were both voted in the former Sessions in May.
The Latter having arrived, That to His Majesty was presented
by the Earl of Holdernesse Secretary of State, and was by

161

His Majesty most graciously received ; and which I notified
to the late Lieutenant Governor, in my Letter to him of the
IS*? of May last, the Guardians desire of his acquainting both
Houses, of His Majestys Gracious acceptance thereof; as also,
that on the Death of the late Lord Proprietary their Thanks
on behalf of the present Lord Proprietary for the same, he
being abroad ; which I hope has been done by you to both
Houses, pursuant to the said Publiclv Letter.

Your general account I have received, but have not yet
had time to look into it, so soon as I have I shall return
you answer thereto.

As to your remittances, the following lists of them, with
their Bills have come to hand, viz.

The List of the 8'^' of Jany 1751, to the

amount of, £1844 - 9 - 4

T>'° of the W!} of September &1 £1551-6-7
The List of the 24* of October 1751 to the

amount of, £3401 - 3 - 4

m of the 81^ of November Dto. £1512-5-4

D'_° of the 20'!^ of April 1 752 D? £2013 - 3 - 6

D? of the 20^.'^ of May D? £1041 - 5 - li

Note : M! Browning makes the October List amount to

£3401 - 3 - 7

162

SECRETARY CALVERT TO BENJAMIN TASKER.

The Hon''!'^ Ctecilius Calvert Esq! His Lord-
ship's Secretary of Maryland to the Hon^?^ Ben-
jamin Tasker Esq! first in the Council of state
there, for assisting the Palatines embarked for
Maryland on board the Ship Patience Captain
Steel on their arrival there.

Loudon July the 9* 1752./.
Sir./.

By the Ship Patience, Captain Steel, a number of Palatines
are embarked for Maryland to settle there, which being noti-
fied to me, and a Recoiilendation to you desired of me, in
favour of Messieurs F & R. Snowdens & D. Wolstenholme to
whose care they are consigned and recomended.

I therefore desire you will give such necessary Assistance to
these People on their Arrival, to forward them to Manockesy
(which I understand is in Frederick County) or where else they
shall want to go to settle within the Province, as is in your
Power, and that they may be accohiodated in a proper manner;
But the charges attending any such service to them must be
done in the most moderate manner in respect to the Proprietor
and to answer their Requisites necessary to their Service.

The increase of People being always welcome, your pru-
dence would have supplied this Letter in a Kind Reception of
them ; never the less as particular occasions may require your
favour, I conclude my Recommendation of them, in giving
them all possible satisfaction relating to the manner and Place
they shall Choose to settle in Maryland, I am. Sir,

your most obedient Servant
CaECiL^ Calveet.

163

SECRETARY CALVERT TO EDMUND JENNINGS.

The Honble Csecilius Calvert Esq! His Lord-
ship's Secretary of Maryland to Edmund Jen-
nings EsqT Secretary in Maryland to be informed
of the numbers of Members in Both Houses of
Assembly and of all Offices and Officers con-
stitued in Maryland.

Additional Thoughts concerning the Boundarys ;
on three of the Acts of Assembly in May Session
1751 ; on the Lieutenant Governors Death &
M! Taskers taking upon him the Administration
of the Government ; and to know in whose care
the Secretarys Office is to be left when M' Jen-
nings has leave to come to England.

London July the 9*'^ 1752./.
Sir./.

The Lord Proprietor is of opinion, that the best way to
Govern men, is to gain their Affections, and as one of his
greatest and constant cares will be, to make the Marylanders
taste happiness of his Government, and to make his Power, as
far as he can insensible to them, the good of the State of his
Province being his first Thought, and not understood by him
the Good of the State a vain fantastical name, but the real
Benefit of those who compose it.

The State of his civil Government in himself, and composed
jointly in Two Houses of Assembly. The upper, under his
own appointment, or his by his Powers delegated to his
Governor for such purpose ; The Lower by the choice of the
Freemen, return'd their Representatives : which Bodys Poli-

164

tick are by his authority summons'd to form and substitute
the legislative capacity, uuder his sanction, for the well being
and mutual advantage of all Persons in his Province. These
being the Chief machines of his Government, he has injoin'd
me, as he is desirous at his coming to age of all Knowledge of
his Affairs actuated within his Province ; and as he can not
attain a clear understanding thereof, but by the means of
being rightly informed of all Powers Authorities and offices
constitued by his Ancestors, with their several Jurisdictions
appertaining and the Transactions that doth Issue forth from
them respectively.

I here send you a List, for My Lord's Information thereon
from you viz.

11' How many members compose the Upper House of

Assembly, what are the Officers of that House ?
2"! How many members compose the Lower House ol

Assembly what are the officers of that House ?
3^ Chancellor or Keeper of the Great Seal

officers under him.
^th Pi.gsi(Jent of the Council, officers

under him.
5'^ Church Livings, how many

& Counties & Parishes ?
6'^ Judges, how many?
7'^ Commissary General

officers under him ?
S^} Attorney General ?
9* Judge of Admiralty Court

officers under him ?
10'.*' Court of Appeals

officers in that Court ?

165

ll*h Ao;ent and Receiver General

officers under him ?
] 2"» JSTaval Officers, how many

officers under them ?
IS'.*" Rent Roll Keepers?
14'!' Sheriffs of Countys

officers under them ? . ,

And all other offices not set down here, you are desired to
inlist, with the additions of the several names of all Persons
holding offices &c now in Possession, with the Rates of value
^ ann as each may produce, to the best of your Intelligence
Knowledge and belief. Your Return with dispatch to me for
his Lordship's Information concerning the same. Will be giv-
ing great satisfaction to the Lord Proprietary. The advantage
of your fidelity Duty and Friendship therein, will meet with
Reward by the peculiar mark of his Favour, amongst the rest
of your services.

I now proceed by way of intelligence to relate to you my
additional thoughts concerning the Boundarys. The late Lord
Proprietarys Articles of agreement and the Papers relative to
the Proceedings of the Commissioners appointed, as well by
the late Lord Baltimore as Messieurs Penns, to run the Lines
between the two Provinces of Maryland and Pensilvania,
according to the articles dated the 10'^ of May 1732. since
my last to you of the 15*.^ of May, have fallen into my hands.

The Draught or plan printed in the margin of the Agree-
ment sent over from America to the Partys to the said
Agreement by their resp. Agents in those Parts, by which
the Agreement was to be explain'd and understood, is, as to
particular Parts, if not the whole falsely charted and described.
As for Instance In respect to Cape Henlopen, the fraud is

166

Evident beyond contradiction, for Cape Cornelius is sub-
stitued and laid down northward in the Plan where Cape
Henlopen is, and has been described, as appears by all
charts of those parts down to this time, and is evidently
so admitted by the Penns own Private Map, in which they
call the Cape Henlopen as appears in the Plan, the false
Cape, fixing and describing the Cape Henlopen northward
at the mouth of Delaware Bay, where it's falsely described
by name Cape Cornelius, printed in the Plan and in the
margin of the agreement aforesaid.

As to the twelve miles circle distance from Newcastle, be-
ing drawn horizontal miles contended for by the Pensilvania
Commissioners or superficial miles as insisted by the Maryland
Commissioners. It seems not necessary that the whole Circle
should be performed, the Penns being lutitled to the Lands
north and South within this Circle ; The only use being to
fix where the north and South Line drawn from the Cape
Henlopen line will fall on the Circle as to the tangent Line ;
If that Line proceeds due north and South, then it will fiiU
on the End of that Radius which is drawn twelve miles due
west from the Centre at Newcastle, and consequently a due
west Radius being drawn there and a small segement of a
Circle southward of that Radius is all that is necessary ; and
this may be done by superficial measurement : and this seems
certainly to be the Intention of the Parties when they executed
the articles ; For they could not intend a imaginary line drawn
in the air, they must have meant an actual Line to be drawn
on the Earth ; as the usual measurement of Land is by the
chain on the Earth, and not taken by observation. It being
a Terrestial object to pass and as such only to be Run with
certainty upon the Earth by the Chain superficially, which
contains the Quantity of soil known with Exactness.

167

As to the fifteen miles due South of Philadelphia, I eau't
conceive what could induce Lord Baltimore to substitute this
Article. The Pensilvania Charter as to its Bounds viz. on
the East by Delaware River and on the south by the twelve
Miles Distance from Newcastle northward and westward.
Now a westerly Line run at the End of the twelve miles
Distance Northward and Westward of Newcastle, appears as
a right Line to conclude the North Boundary of Maryland,
and South Boundary to Pensilvania. The Maryland Charter
says, north unto that part of Delaware Bay on the north
which lyeth under the fortieth Degree of Northerly Latitude.
And the End of the twelve miles distance northward and
westward of Newcastle, would certainl}^ reach the full extent
of the North part of the Delaware Bay, and the End of the
twelve miles distance as aforesaid, seems to compleat fully
the south Boundary of Pensilvania described by its charter.
Therefore I conclude the said fifteen miles by Articles sub-
stituted, they must I fear have over-reached Lord Baltimore
cousiderabl}' iu prejudice, as to Loss of Country at the Head
of the Bay of Chesopeake.

As to Cape Henlopen. It depends upon the Extent and the
scituation of its being ascertained, and the Point for drawing
of the Line to be fixed as equally for both sides as it can, by
Coiuissioners according to their owaJudgment, by such Lights
as can be got, so as to fix the Point fairly between both Parties
by splitting any difference between them. The Point being
agreed to, the East and West Line to run from the Cape to the
middle of the Peninsula, and the strait Line from the Westward
Point thereof Northward up the Peninsula unto the twelve
miles Circle, round New Castle, would be easily performed.

As to the great work of conclusion this Lord may have
with his Adversaries, setting aside his Fathers Articles of

168

Agreement with them, by which means he may arrive to con-
stitute a new Agreement, In order thereto I conceive, he must
be furnish'd with all Incidents and circumstances necessary to
this. To throw the fullest Lights upon the Point in Contro-
versy, those to be collected either from Reciprocal Admissions,
or the Testimony of Witnesses, confirmed by exact Plans and
Charts, Locally and truly deleniated, supported by Proof to
uphold his Construction, and Impeach tlieirs. His cause thus
really produced, will enable him to determine ; also to sup-
port the Rectitude thereof, before the Lords, at the Council
Chamber, where its Determination properly belongs. By
Report from their Lordship's to His Majesty in Council for
its final Conclusion.

I send you these observations as a means of your under-
standing what sense I have of this important Dispute between
Lord Baltimore and the Penns ; and in which I shall be glad
to be better improved as to Knowledge therein by your advice
and Judgment.

I now proceed to say something relative to some particular
acts of Assembly passed at the Session of Assembly begun in
May 1751, which acts have undergone the most deliberate
consideration of his Lordship's Council at a Conference with
the Attorney General, and the said acts being confirmed by a
subsequent act passed in th» December Sessions following, which
act having been laid before the Guardians, as well as the former
acts, and tho by the Guardians Letter to M! Tasker, they have
inclined to leave the full consideration of them to My lord at
his coming of age, yet I shall briefly add as a matter between
US, my own private sentiments for your consideration, viz.

Pi An Act to make the Testimony of convicted Persons
Legal against convicted Persons.

169

2^ An Act for the more effectual punishment of negroes
and other Slaves &c.

St An Act to Aid the Title of Purchasers of Lots in Prin-
cess Ann Town.

As to the first. This Law seems to me, not only expedient,
but indeed necessary for the Safety and good Government of
the Province, for now this Disability is in truth become a
Priviledge, and the Infamy of any convict is a shield to pro-
tect himself and all his Fraternity from the hands of Justice.
This inconvenience can never be felt in England, because our
Felons here, are either dispatch'd by Execution, or removed by
Transportation, by which last means they become a numerous
Body in the Plantations, so that as the Law stood before this
act, if a convict had cuiiing enough to make choice of proper
accomplices, he might commit the highest crime with impunity.
Nor do I see this Provision is repugnant to the true spirit of
the English Laws, so as to raise any serious objection.

The Charter gives a Latitude to vary in some cases from the
Law of England, which Leaves a Liberty to the Legislature to
deviate where it shall be necessary or Expedient for tlie Colony.

And further, whether the Practice of admitting accomplices
in England to be witnesses before conviction, does not in
reason justify the Propriety of this act ; For altho according
to common sense the witness confessing his Guilt is equally
undeserving of credit before conviction, as he would be after
conviction ; yet his Evidence is constantly received, because
otherwise offenders here could not be brought to Justice. The
same necessity therefore in another Country seems to authorize
the like practice tlio it may be as to form repugnant, as to
want the Letter of the English Law, yet it will be substan-
tially agreeable to the Spirit of it.
99!

170

As to the second. Every innocent man is truly indemnify'd
from all prosecutions, and yet if he is charged with a crime,
he ought to prove his Innocence ; I don't suppose from the
Inaccuracy in the Penning this Law, it was to be understood
he was not to do so by Tryal ; But as doubt may arise
whether the Killer is not to be priviledged even from Indict-
ment and Tryal, and yet, how shall it appear, that the Killer
was Lawfully authorized to apprehend, or that the slave had
offended, or had resisted ; but by Evidence at the Tryal, so
that a Tryal is necessary to make this Excuse appear, and to
bring on the Justification under the act.

I could wish to see this Inaccuracy rectified by Expressions
more explicite to obviate every doubt aud the Inconveniencies
which may result from such Doubt.

As to the third. It certainly invades the private Property
of the Lord Proprietary, there being no saving clause for
preserving his Quit Kents, aud it determines upon a Doubt
of Escheat without apprizing his Lordship of his Title even
by extiuguishing the very Right of Escheat. Therefore I
think it reasonable, his Lordship should reject it for the Sake
of its Precedent.

I thought proper to give you these Hints of the said acts,
being observations I have made, after hearing the several Pro
and Con Arguments at a conference held at the Attorney
Generals house in Chancery Lane, on the subject of the Laws
passed at the said Assembly.

My observations on these Laws, I have in my Letter in-
serted to M^ Tasker, which vary in some parts as to particulars
from what I here insert to you ; viz' as to the Convict act, as
it will take up His Lordship's most Deliberate consideration ;
as to the two other acts, I have hinted to him, which I do the
same to you, that in case another Sessions of Assembly should

171

happen after the Receipt of his Letter, the said Laws might
have supplementary and explanatory acts to preserve them,
and remove every objection to them here when his Lordship
comes of age to take tliem into consideration ; such explanatory
Laws being obtained, will be very agreeable to His Lordship ;
as at taking upon him the Exercise of his Government, he
would be very desirous of avoiding all occasion of Dissent to
any of the Laws that shall be then laid before his Lordship,
which have been passed in Maryland during in his Minority.
Therefore I hope you will Exert your self as to this Ser-
vice and completion thereof for His Lordship's Ease and
satisfaction.

Thus concludes my sentiments on the said several acts which
are to undergo the consideration of the Lord Proprietary when
he comes of age ; as also the act for the continuation of actions
and securing the Peace and good Government of the Province,
which confirms the acts of May Sessions before.

I acknowledge the Peceipt of your several Letters of the
9* & 30'? of April, and 6*:? of May last ; wherein you have
informed me both of the Lieutenant Governors Illness and
Death, and of M! Tasker's taking upon him the Adminis-
tration of the Government ; which the Guardians are satisfied
with. M! Sharpe with whom I have more opportunity to
converse, is of entire opinion, that by the Demise of the late
Lieutenant Governor, had not M! Tasker had the Pight by
Law, he being first of the Council, his Right in taking upon
him the Government, has been exercised as a Pule on such
accidents throughout all His Majestys Plantations. Ml Tasker
being invested with the Government, the Guardians have trans-
mitted to him Copys of the Instructions sent by them to the
late Lieutenant Governor, as a Rule for his Administration,
until another Lieutenant Governor shall be appointed ; leaving

172

to him such Powers relating to all offices, matters and Things
as have been heretofore Exercised by Lieutenant Governors.

I have made known to M! Sharpe the contents of your
several letters since the Demise of the Lieutenant Governor.
He hopes and trusts all things will be well ; and that you
will exert yourself in the Service of the Lord Proprietor and
the Province in all Concerns for the welfare of both ; and in
giving your advice and Assistance to M! Tasker, the most
conducive for carrying on his Administration, on my own
part I have advised M! Tasker to consult you in all things
relative to the Publick ; and concerning the filling upon of
Vacancys in the Council, to take if possible the general
opinion of such Council therein, agreeable to your Hint.

There is an Inbarkation of Palatines going to Maryland
consigned to Messieurs L. & R. Snowdens & Dr. Wolsten-
holme, whom I have recommended to Ml Tasker ; as also
M! Bartholem Myer a German Gentlemen who intends to
visit Maryland, and may be the occasion of numbers of Pala-
tines coming over. I therefore communicate the same to you,
to be aiding and assisting in all kind offices and civilitys on
these occasions.

I hope e'er this you have received mine of the Ib^^ of May
last, in which I inform'd you that I would obtain my Lord's
Leave when he came of age, for your coming to England ;
however I shall be glad to understand from you in whose
Possession and Care you intend to leave the management of
the Secretarys office in, during your absence ; as the Knowl-
edge of that is very material to me. And now I shall open
to you a Secret, not at present to be divulged publickly, which
is, my Refusal of the Government from the Guardians, on
account of my state of Health, and a single man, and time of
life, as inconsistent with my acceptance thereof: There are

173

other Persons, whose time in life and capacitys will better sute
the holding so important a Trust, whose Lot that will fall on
is not yet fixt, such Determination will be Resolved when my
lord arrives from abroad, whom I daily Expect. Imagine
that immediately after his Lordship's coming of age, a new
Lieutenant Governor will take by the first shipping his Passage
to the Province (It may happen before) Tho indeed I cannot
see how it well can be done sooner, by reason that if a Person
was now to set out in such capacity, he must have a new
commission after the 6*!" of February next, the expiration of
the Lord Proprietary's majority, which would create repeated
Troubles to the Province, by the Calling and recalling of
Assemblys &c.

Whatever Resolutions may be taken concerning the pro-
gress of all Affairs in the Interim, you may depend of hearing
from me relating thereto. As to all Letters you have from
time to time wrote to M5 Sharpe, I have not seen them, but
have acquainted him with your uneasiness in not hearing from
his relating thereto ; whereupon I expect he will write you
by this Conveyance. I am, wishing you all Health and

Happiness

Your real Friend and humble Servant

Cecil! Calvert.

Post. Inclosed is a Copy of Messieurs Penns Petition to the
King in Council concerning the South Bounds of Pensilvania,
which if fairly Run, I think will meet with no obstructions
either from the Lord Proprietary or the Inhabitants of Mary-
land ; however as the Maryland Northern Boundarys are not
specified in the said Petition, so as to desire Commissioners to
act in concert with Commissionei's for Pensilvania ; and the
said petition having been referred to the Lords for Trade and
Plantations :

174

The Lord Proprietaiys Guardians have in that office Entered
their caveat thereto ; as a means to be heard as to what shall
be relative to run the said South Boundary of Pensilvania,
in regard as it may effect the North Boundary of Maryland ;
which I inclose to you for your private satisfaction and all
those coucern'd in the Establishment of the proper Boundarys
between the two Provinces ; and I hope a Prelude to the
Penns being convinced that the late Lord's articles of agree-
ment with them concerning all Boundarys between the said
Provinces is void, by reason of the late Lords Marriage Settle-
ment, so as not to bind the present Lord under injudicious
an agreement.

See Guard Book for Copy of Messieurs Penns Petition to the
King; in Council.

SECRETARY CALVERT TO THE REV. THOMAS

BACON.

[Original Draft.]

M! Sec^ Calvert to the Rev'f M! Bacon Rector
of S' Peters Parish Talbot County. Contents.
Of his Lef.^ &cl; of the Charity Working
School ; concerning the Clergys Petition to the
Bishop of London, & of the State of the In-
spection Tobacco Law to the Clergy. Of the
Proceed^^ of the Parochial Clergy. Of a Chari-
table Fund in Support of Widows & children
of the Clergy. Of the State of the Clergy
MT Sec^.^ Gift to the School.

175

London Jan? 5* 1754

Sir

I have y" Dec^ 23" the 4'!' & 24'!^ of Aug' with the Copy
of the Proceed^.' of the Parochial clergy of Maryland Dated
the 22^ of Aug* last with yf observations on the Present State
of the Clergy. I had not been so long Silent in Acknowled!
y", but by reason of time, his Lordl^ consideration to the
GovT on y! Request " For the Benefit of a Charity Working
School to be set up in the Parish of S' Peters in Talbot
County." His IjordP Directs to inform you, he has considered
the General Plan, with y^ Proposals & Rates relative to the
School. The Advantages that may Arise from such a Scheme
gives him Happiness, the tendency being to Promote Religion
& Industry in his Government ; and as a peculiar Mark of
his Favour with the Means to forward so Pious & Public
Benefit, He has sent Instructions to M! Lloyd his Rec! Gen!
to pay into the hands of the Treasurer of the School, on order
Drawn on him Signed by the Trustees of the School when
Elected & of w'!!' he desires you will advise them of; Vizi The
sum of one Hundred Guineas as a ffree Gift, to be laid out as
you & the Trustees think fit ; and the further sum of Twenty
five Pounds pT ann : as a Gift of Lady Baltimore's for the
Benefit of the School ; to be paid by two half yearly paym'f to
commence from the Date of his Instruction & so to continue
paid by him the Rec5 Gen! & all succeeding to that office,
unless His LordE His Heirs successors & Assigns as Lord
Proprietors shall Signify to the contrary. Of yT request of
the Boys of the School to be called Baltimore Boys, His
Lord! gives consent to stile them so, as Additional Token of
his Favour & Approbation. He thanks you for your oblig-
ing Dedication & Edifyed Sermon, Preached on the occasion
at S^ Peters Parish the 23^ of Aug^ 1752.

176

Concern? the Tobacco Petition mention'd in y? the 4*i' of
Aug' sent to the Bishop of London & Sign'd by some of the
Clergy, of w^ Number you say M" Harris inform'd me you
was one. His mention was to this Effect ; that he heard you
had sign'd it, w^ Surprised him, as he understood your sense
of the Law was 'its being Beneficial, therefore credit'd not
y! Signing. If true, you had been grossly imposed upon.
I have had no sight of the Petition, but am inform'd the
Reasons Aledged therein in Support of it are inconsistent to
the Public & the clergys Property & that the contents Sur-
pris'd the Bishop, the Complaint appearing to him Needless.
The State of that Law call'd the Inspection Tobacco Law, by
you set forth is of utility and needs no apology for the trouble
you are pleased to say you give me, for so true an insight into
the very being & Nature of that Law & of whom it doth
concern. By the Law an Indulgence is given to those who
neither by Servants or Slaves make Tobacco ; they may pay
the Clergyman in Money at the rate of 1276^ Maryl? Curr^
for every Hundred pounds of Tobacco & so pro-rata due to
them. The same paym' to all the Officers in the Province
from the Governor to the Constable. If this be an objection
it ought to cease, when it is considered that 12^/6^ CurrT is
equal to 874*^ Sterf ; so that even upon a Supposition that a
Clergyman was to receive his whole Dues in Money, they
would amount to as much as his Tobacco would have produced
prior to the Law of 1747, and more, from the good Quality
of Tobacco by the Inspection Law. I presume the above
objection as I am informed is the Foundation you mention
of the Rev'' Ml" Adams complaint Sign'd with the other Clergy
to the Bishop of London. I Learn he Lives in a Parish
where very little Tobacco is made & is mostly paid in Curr-y,
by w!" means he says he does not reap the Benefit of the Law

177

of 1747 in proportion to the rest of his Brether" I think it
can't be said with Propriety he Loses by the Law, as his
Parish is intrinsically worth at least as much under the Law
of 1747 as it was before. The Inspection Law is enacted for
the improvera' of the Staple of Tobacco. The same Virginia
Law has near Doubl'd their Staple of Tobacco. The Mary-
land Law by the Merch'.' here has had all the good effects that
can be expected by the quantity being stinted as to Number
of Slaves, is by cultivation so improved on Sale that has
enabled those who owed Debts to discharge them, & others
to live in a Comfortable & improving manner. His LordP is
pleased with yy sentiments & Approbation of the Law & rests
well-satisfyed of yy inclination to his Service & the Public's,
w^ he Regards one & the same.

Your inclosed Copy of the Proceedings of the Parochial
Clergy of the Province his Lord? has perused. 'Tis with
concern he observes that the Meeting & Proceedings was
attended with Dispute, as he bears all Benevolence to so
Reverend a Body, the Pastors of his Religious Church in
the Province. He Applaudes your Propositions — "Your con-
sideration for a charitable Fund to be raised by subscription
towards the Support of the Widows & Education of the Chil-
dren of the Brethren Left Destitute, with tlie other Matters
of yy colleges as Teachers of Christianity. However, as these
Matters are of importance & of w^ he would conclude with
the Gent^ Clergy of his Province, yet he thinks the latter
shouf subside until he shall have consulted the Bishop of
London thereon. The observations inclosed from you, on the
present State of the Clergy is amazement ! & confirms y1
Reasons for Amendment & his Lord?^ care of Presentee's to
Benefice. Inclosed you have his Lord^i Lety Y! Honesty &
real Intelligence for the Wellfare of his Lord^^ Aifairs is obli-
23

178

gatoiy, infused with known Spirit of human Dealings &
Learn'd Abilities, useful & Instructive to me as Provincial
Sec^ in w^ Station & in all other, I am with peculiar Esteem

Yy true

Friend & Serv' C^cil! Calvert,

Post. I have desir'd M! Lloyd

to pay £5 a year to yl" School on my Acco*

FREDERICK LORD BALTIMORE TO THE
REV. THOMAS BACON.

[Copy].

London JanT the 5'?' 1754
Sir

Your obliging Letter the 4"' of Aug* and your Regard to
me and my Affairs since my Arrival to the Proprietorship,
you have here my peculiar Thanks. And of my Token of
your Merit, you will receive from the Lieutenant Governor
my Provincial Certificate of Chaplainship with the Scarf.
Lady Baltimore sends you lier Compliments for your kind
Expressions with Regard for her. You will hear further of
My Consideration, from My Lieutenant Governor, M'' Cal-
vert Provincial Sec? and M^ Lloyd My Reef General.

I remain with Esteem your Friend
F. Baltimore.

To the Rev'^ Tho' Bacon Reef: of S^ Peters in Talbot County,
Maryland

179

SECRETARY CALVERT TO EDWARD LLOYD.

[Copy.]

My Seer Calvert To Edw* Lloyd Esq!^ Rec!
Gen? & of the Council contents. Of Bills of
Exch' Of Pilots to be Licensed. Of the abuse
of his Lord':' Manors & of rectifying the same.
Of Talbot Manor. Of the Rent-RoU Keeper
of the East Shore his bad conduct. Of Books
of the Rent charge returned & of Rentals to be
returned. On Town Lands by Acts of Assem-
bly & Farthing Fractions of the Debt Books
& of Rent in Grain. Of M! Thomas's bad
Stewardship & his Lord^' Approbation of Mild-
ness to his Tenants. Of Remark on Quit-
Rents. Of Protested Bills, & of paym' to a
Charity School of Utility to Agriculture. Of
the Farmers paym*' & of Bills of Exch^.^ Con-
cern? My Cha' Goldsborough. Of Protested
Bills & of Bills of Exch^." & of Morton Manor
& Reward to My Ward for his Discovery of
Right to his Lordf & of Exaction of the
Farmers of Rent upon those who tender paym*
in iforeign Coin or Paper CurT in Lieu of
Sterl? Of the Price of Tobacco. Of the
Kings Temporary Line. Of the advancem' in
Value of his LordP^ Manor Lands. Of the
Arrerages of Rent due from the East Shore,
M!^ Tilghman's Ill-conduct therein & of his
return of Debt Book for Kent County. Of

180

County Courts ab' liaugers & of Ordinary
Licences. Of Ml Ross's conduct. Of Gold &
Silver. Of Cash a Legal tender. Of the Par-
liam*.' consideration on the Country of the Ohio
&c^ Pos* Of Protests of Exch^." & of a Let:
of Attor^ to M: Tasker from the late Lords
Ex-:^ for Recover? of Protested Bills.

London Dec!^ the 10"^ 1754
Sir

Arrived y" the P.' of March & 2"^ Bills of Exch':'' on My
Lords Acco' the first acknowledged rec'^ in My former Let^ the
Am* £1868 : 17. U. Y'' the 9'^ of May of Pilots you say,
"You have prevailed with one Rich^ Bryant to take out a
Licence," the Example 'tis hoped will induce others to do the
same. His Lord? Approves of y! Method to incline them to
his Right, the acknowledgem* is a triffle ; tis his Right &
of consequence to the Safety of Trade ships, therefore material
in Pilot? in & out of the Bay of Chesepeak & Principal Rivers
of His Province. I have recom"? to the Merch? their giving
orders to the Captains of Ships to Employ only Licenced Pilots.

Yl observation, of the Ill-treatment of the Proprietor's
Manors & the Tenements is so glaring abuse of former Gov"
& Agents Recev' Gen'.^ as seems to cancel obligation for them ;
their Suifering the Manors & Reserved Lands Let under no
conditions of Restriction upon the Tenants, the Lands have
been impoverish'd & Pillaged of the Timber, that occasions
them Un-Tenanted. It is a great satisfaction the hear? His
Excell^ & you give attention con^ & that you will set them
shortly in a clear view before the Proprietor, & by the Gov?
hint have Entered on a Resolution to advance His Lordl^
Manor Lands in Baltimore & Frederick Counties, from 10^ to

181

20! p! Hundred Acres. What you relate of Talbot Manor,
I am informed that the Pretended Heirs of Col : Talbot have
offered Sale to the Penns, whom 'tis said were willing to
purchase on a clear Title. Here are Inst".' of the late Lord
Proprietor of his Orders for seisure of the Estate w^ I un-
derstand has been Accordingly, and the Authentick Copy of
Inditemeut of Treason ag' Ml Talbot transmitted you by me,
will no doubt- confirm the seisure to this Lord Proprietor ;
therefore you must follow his Inst"' regarding not the Sur-
mises of People nor to give way to his Lord!.^ Adversaries
the Penns Purchase, \y^ wo'? be of Injury to His Lordr &
the Province as its situation is at the head of the Bay of
Chesopeak & on the confines of Pensilvania. The Rent Roll-
Keeper of the East shore I had an opinion of, w^. by his now
known Ill-Actions he forfeits. His Bad Conduct bears date
from Ml Bennets Agency & so thro' all other Agents time &
might have continued had not the Alteration Happened of
yf taking the Agency. You will I make no Doubt in Justice
to the Proprietor Exert yourself Accord? to his Inst"' The
Seven Books contain? the Rent charge of Seven Counties on
the West Shore, his Lord! has ordered them back for yl Ex-
amination, they do not Specifye the Manor Lands & Quit-
Rents seperate accord? to the Plan I sent, nor attested or
Signed by My Tasker the late RecT Gen! M! Ross is the
supposed compiler of them ; Mf Tasker sho^ have passed them
under his sanction, they are therefore returned to you that
they may be in a more Explanatory Manner set forth agree-
able to the Plan I sent, the Alphabet attending the Books
is of utility. The Observations you incert on Rentals by
George Stuart a Judge of the Land Office, with regard to
the Debt Books it must be so, they must be Separate Books
by reason of the Multiplicity of Land Holders from Devided

182

Moities since the first Patentees Recorded in the Land Office.
However the Debt Books as to Quantities of Land must co-
incide in Quantity of Land & Quit-Rent agreeable to the
original Patentees. This the Judges of the Land Office must
make proof of, on passing the Debt Books. Such returns of so
Essential part of Property to the Proprietor will Satisfye his
Mind, giv? real Light to the Chaos con? yf giving Satisfaction
therein, will greatly oblige his Lord? with Quick Return.

Of Town Lands by Act of Assembly, w^ M!" Tilghman
observes is a 1*? CurrT an Acre. When I write I thought it
was Ster? It ought to be so, the fraction by Curr^ is not
worth the payers Cavil ; this Leads me to the fraction Far-
things contained in the Debt Books returned, w'* I observe
Arbitarily Given to some & not to others. As to Rent in
Grain hoped not many such Tenders; the having Store
Houses wo? be very Expensive therefore hoped such Tenants
will comply as usual in paym* of their Rents Sterl? Money.
If other, you must as you say " fall on some Stept that may
best co-incide with His LordP' Interest." My Phil : Thomas
by you has not Discharged himself as he sho? of the Steward-
ship of Ann Arundell Manor ; however My Lord approves
of your Mildness in regard to the Tenants, giving reasonable
time for paym* with yl care to secure their Discharge to him.
You observe on an Article in mine the 16^^ of May 1752
to M' Tasker, on Remark con? the difference of Quit Rent
payable on the same Spot as for Instance you say, " Ml" Hen :
Darnall is charged for 300 Acres only at 2'.. 6*^ Rent w!" ought
to have been at 4' p! 100 Acres" it proves he had a favour
done him by Them who had no right to give it ; Care must
be had ag' such unjust Acts. By y" the 15'.'' of May, you
have mine the 5'^ of Jan^ with the 13 Protested Bills & that
you have put tliem for Renewal. I am obliged to you for

183

complying with payra' as to what I desired in respect to the
Charity School for w!" I shall Satisfye you. I think the
School executed as proposed will be of the greatest Utility,
it being to Educate youths in Obedience to God ; to read
& Ma-ik.' with Knowledge to work up Manufacture & Agri-
culture. Of one to promote Learning by w!" I presume you
mean the Bell -Letters & Sciences. I agree with you, they are
no Doubt ornaments truly Useful ; flow into a Country from
Full produce the gain of Riches, But the first Principle of
an Infant State I conceive is to make the People useful &
Beneficial to one another ; this at present is the State of Mary-
land. M': Pope says '' a little Learning is a Dangerous thing,
Drink Deep or taste not the Pierian Spring."

His Lord"^ takes it an Ernest of y^ Duty to him in prompt-
ing the Farmers to Punctuality of payra', w!" you must enforce
when wanted. Tis a Maxim in Holland Keep yT Acco*' even
by good payment, its the tye of Friendship. Y""' of the 9'.''
of May inclosed therein yy List & Bills of Exch^'^ £2470..
17.. 71 And in y" the 27* D? Bills £563. 1. 4 And also y^
Bills £1803.. 15.. 9f all w!" Bills are carry 'd to his 'Lordl'
Acco^ Yy recoiudation of M! Cha! Goldsborough for the Pro-
prietors fi-ivour. His Lord? likes his Gov" recomdy" jointly
with otliers for his consideration to the obtain? his Appointm'
to be of the Council of State ; its with Ml Goldsborough to
gain his favour.

On closing this, I have the favour of y? Aug' the 3^ own-
ing the receipt of Mine the 23? of March with the Protested
Bills & mine the 17'.'^ of April. With y" rec^ are y!" Bills of
Exchs.« £1803.. 15.. 9| w!" are carry'd to his Lord^_^ Acco^ &
rec' yy Packet of Papers of the Tract of Land bet. Elk &
Appaquiuaman Rivers call'd Morton als. Town Point, spoke
of in his Lord^^ Inst"' Now inclosed you. He desires you will

184

Reward M' Ward consistent with Equity for his Service & Dis-
covery of Morton & Swivel Manors, & recom'!' that you do to
all others who shall render him such Benefit of his Secreted
Rights. His Ijordr is well pleased with the Method you have
taken to prevent exaction by the Recev" & Farmers of his
Rents, in relation of those %vho tender Foreign Coin or CurrT
in Lieu of Ster? of w!" you say Viz. " Requiring all Persons
as well Farmers as Recev''.' that were Em-
powered to Collect the Quit-Rents to Adver-
tise the People by Setting up their Notes in
the Most Publick places at what Rate they
wou^ take Foreign Coin (this as you observe)
will prevent any abuse of such a Nature the
Rates Set corresponding with his Lord^^ Instl^
making no difficulty in procuring Bills of
Exch^." tis a concern to understand Tobacco
is at so low a Price as to Eifect procurem* of good Bills.
His Lord! thanks you for y": own Remittance by Bills for cash
in y' hands of his, instead of remittance of Out Port Bills.
Inclosed is the present Regulation of Exch^.^ ad valorem of
foreign cash ; 'tis a commodity that fluctuates, therefore I will
Supply you often with the Intelligence to Govern yl Receipt
of Foreign cash. His Lord! rest Satisfyed of y'' conduct &
doubts not yf Perfect! as to his Inst"' But when it happens
you can Dispence things in a better Manner or Method than
from here is directed, he rely's you'l not Neglect to Reveal
yl valuable thoughts by Intelligence thereon ; "tis the Life of
business & the cause of completion of Affairs, Y! possitive
Inst"' To the Surveyors of Land to be careful of His Majesty's
Order in Council con? the Temporary Line not to transgress,
His Lord? well approves of & recom*^' attention to you & all
his Officers & Justices of the Peace to preserve his Rights

185

near that Limit, from Encroaclim! of the Pensilvanians. Y!
Inclosed proceed^.' of the Council dated the 19"' of DecT last
con? the same, he has Instructed the Gov!! thereon as well as
to other Matters set forth in the Proceed^.^ of that Council,
& to w^ I refer you on Indian Lands. Y! Inttelligence of
advancem' of his Lord'!" Manor Rents is very Satisfactory to
him & Doubts not y'' Justice to Him, Y! Assiduity to gain
him Talbot Manor will render His Lord£ much Benefit. The
difficulty of receipt of the Arrears of Rent due from the
East Shore is a Debt of Long standing from the Farmers &
Rec? ; they are used to the Money, unwill? to part witli it ;
tis the Neglect of the last Agent not obliging them to Acco'.
My Tilghman Roll-Keeper & a Rec^ on that Shore seems of
consience, owns his guilt, but his plea of excuse for his wrong
done, is a thought of Frenzy. He owns his Neglect & Denys
not having My Lords Money in hand, says his Remissness &
iujustness has happened from his Building a House, w!' has
taken a Long time to complete with a Chancery Suit that has
required his Attendance, What a plea ! 'tis a Glim? Satisfac-
tion you mention, that he is more Assiduous than usual in
make? out the Rental of that Shore. His Rental of Kent
County I return, the same reason as before. The County
Courts that have recom''!'' Rangers His Lord! is well pleased
agreeable to his Inst"' Of Ordinary Licences the GovT has
lust"^ to w*! you are referrd. M! Ross's conduct in Business
for M' Tasker I can't coulen^ I know him & think he wants
not Abilities, he was Breed here in Office, had he been the
Principal I think he wo? have been perfect. The value of
Gold & Silver now, I inclose you that you may Govern your-
self acord^!"" The Attor^ Gen'f Opinion is Right of Cash being
a Legal tender in Lieu of Bill of Exch?''
24

186

The Parliam^ is setting & have taken iiuder consideration
the Aifair of the Ohio Country, con? the Encrochra'.' of the
French. The Comons have voted 40350£ for defraying the
Charge of Two Regim'.' of Foot to be raised in America for
1755 — 236420=£ for defraying the Charge of the Forces in
the Plantations for 1755. These Regim'.^ with Two from
Ireland joined with the Provincial Forces, has Probability
for Success ag* France. Tis certain she is in America no
ways Equal in Power to the British Colonies & her Efforts
there, may prove Providential, it may frustrate her Attempts
for the future ag' His Majesty's British Colonies. The Specie
from hence sent & Expended there & the Expence by paym'
of Bills on England will be a means to Supply you with good
Bills of Exch^f for the Proprietors return, in Lieu of Money
Sterl? I have y? by M! Holliday ; his own Merit gives him
Estimation with addition as a Relation of y"".^ Also, I've y?
with y!; List & Bills Am! to £718.. 13.. 2

My Lord thanks you for the Hams, also myself for the
same favour Rec^ I think them Equal to Westphalia Hams.
It is with concern I receive yT Acco' of the disorder in y^ Eyes.
The recovery I sincerly wish, And am with all Respect.

Y!:" much Obliged H"^!^ Serv?
C^ciL^ Calyekt

Pos' follows a List of Protested Bills with the Bills
Inclosed you on Lord Baltimores Acco* Viz.

S. Budds Bill on Daniel Cheston of Bristoll
W" Dallam on John Hanbury & comT
Henry Wright Crabb on Silvanus Grove

£.

17..

10.,

, 0

50..

0.,

, 0

20..

2..

187

SECRETARY CALVERT TO BENJAMIN TASKER.

London Nov[ 27'.'.' 1756
Sir

I have y''.' the 5'!^ of May & 30'^ of Aug^ My Lord acqiii-
esses to y! request in favour of Mr Daniel Dulany suceeding
on y!" Resignation of the Commissarys Office of w'.' the Gov^
will inform you he having Notified it in his present In-
structions to him. Inclos'^ is a Letter from M^ John Hyde to
M! Hemersley Sollicitor at Law for my Lord. The contents
of the Letter contains his Answer to yours of the 3*^ of May.
You write to me concerning his Demand on my Lord &
Requisitions from you ab' his Brother Sam! Hyde Deceassed,
his Effects & real Estate in Maryland, in the Disposal of
w!l you ^^•as a Trusty under the Appointm' of the late Lord
Baltimore for paym' to his Lordsh? a Debt due to him from
the Late Sam! Hyde, as by his Deed to the late Lord more
fully may appear. What My Lord Desiers of you in Answer
to the Inclosed is, that you'l consider & give full answer to
the Contents in clearness & Satisfaction to prevent a Law
suit Mr John Hyde threatens ag' him for Over-plus Demands
of Money after paym! to the late Lord his Debt pf 6893.
13s. 8d the only sum paid to him, as to the present. His
Lord? thinks all Demands on him Extraordinary, if any Over
plus, tis not with him. I much thank you for yf paym'i to
me up to Christmas & shall on all Occasions with Real Sin-
cerity Manifest myself Obligatory to you

Y": Obliged Humble Serv*
Copy original sent C.ecii4 Calvert

To The Hon^'l'^ Benjamin Tasker Esq! Preside of the Council
in Maryland.

188

JOHN HYDE TO HUGH HAMERSLEY

Charterhouse Square 14"' SepT 1758
Sir:

Being obliged to go into the Country soon after I had the
favor of yours I could not before now have the opportunity
to thank you for those Copies of accounts from M! Tasker
which you sent by Lord Baltimore directions. Upon looking
them over I note it is not expressed at what par'"" times,
& in what sums of money or Bills of Exchange, or other
Effects, the payments were made for which M! Tasker credits
the accounts intitled M! Samuel Hyde to the R' Honble the
Lord Baltimore as '^ Assignment all which parlars the Ac-
counts ought to manifest, & I must desire to be informed ;
also there are severall differences between the sums for which
said Account hath Credit & the sums due from the severall
debtors by their Accounts

By the papers it Appears that
M! Dulany's Debt by the Schedule was £568.. 11.. 4

651.. 12.. 4

Richard Harrisons £365.. 17.. 11 83.. 1

by Subsequent Account 215.. 15.. 2

Lord Baltimore has C': onlv for 139.. 4.. 3

76.. ]0.. 11

Samuel Harrison £117.. 6.. 10

by Subseq' Account 105.. 7.. 8

C: given for only 86.. 4.. 7

19.. 3.. 1

189

Philip Loe 62.. 19.. 9

C: giveu for ouly 52.. 19.. 9 10..—

Philip Tho! Ex? Sam! Chew

1502.. 6.. 2

C! given for only

1229.. 2.. 5

273..

3.. 9

W" Hammond £67.. 3.. 2

Siibseq' Account

64.. 15.. 10

Credit given for only

34.. 4.. 6

30.. 11.. 4

What is the reason for each of those several Differences, or
was any Allowance made to or Composition with the above
several ^f sous ; if so specify to whom Why & how much to
eacli ; or are those several Differences still uureced & due
from the sev! Debtors or their respive Estates & why have
they not been reced : by whom & which & ^vhen & the sevl
Amounts of each Credit is to be given for the whole sum
recovered or which can be recovered of each Debtor ?

The Account doth not mention Henry Darnall of Potomack
£70.. 4.. 10 Mord^. Hammond £1262.. 11.. 9 Henry Watson
£739.. 6.. 11 Extors of W"' & John Digges £403.. 6..—

As to each of those four it is asked, Was nothing Recovered
in Whole or in part ? If not, why what measures ware taken
to Recover it or security for it & when ? Is he now alive &
where ? If Dead when did he Die ? who are his Repreves &
where Living? are the sevf sums above ment^ now unp^ &
remaining due from each or his Es! respively ?

Was not cartain plant"* or Tracts of Land in Maryland
with the Building Improvments thereon toger with sundry
negroes Cattle & Utensils delivered to some "^son or l^sons

190

in pursuance of order or Directions from the R' Houble Cha!
late Lord Baltimore? \A^hen were s^ Effects delivered & to
whom? And what was st Orders or Directions & to whom?
Was not those Effects Apprais^ upon Oath by certain '^sons
who Ware desired & appointed to make such Appraisem'?
w^ho ware those "^sons by whom desired or Appointed ? Was
not such Appraisera* made or certified ab' the begining of the
year 1747 & did not the s^ Appraisem' under Oath Amount
to £5500 & upwards?

My request is farther that M! Tasker be Acquainted that
L!^ Baltimore is pleased he has sent the Acco*^ so far ; but the
whole of the Debts was committed to his care, & L^ Baltimore
expected & expects that he will take care of the whole of
them. Also that his Lordship requires full & explicit An-
swers without delay as to what is done ; also that what is left
undone shall be proceeded upon with Assidity & exactness to
recover all.

I ask nothing in this as a favor but w' I think you will
allow I may Claim as a Right. I do not mean as my Right
ag* M! Tasker, but ag' his Lordship who as Repive of his
Father is responsible for the Managem' of the Effects As-
signed & they have been so long under the Managem* of the
Agents of either his Lordships or the late L^ his Father that
I have no doubt Lord Baltimore will insist peremptorily upon
the Answers desired to w' is done and also upon M" Taskers
candid & thorough Care of what is left undone.

For as M!! Tasker had the Misfortune to be one of my
Brothers Creditors & is one of the few who were Creditors
each for a large sum so his resentm' has been too strong to
let him Compassionate & Give some Aid to mitigate the
Sufferings of the Unfortunate & tlio I am Confident it wo^ be
to his own benefit vet without Lord Baltimore or ]\l! Calvert

191

press this matter to him 1 have little hope of his rcsentm'_"
subsiding so as to take the part which his Humanity wof
dictate if he calmly & impartially considered the Justice due
to all my Brothers Cred"'.' I am heartily sorry for the Loss
& have used ray endeavours to redress it ; and to show that
my Inclination hath been to give M!' Tasker satisf" in pai-ler
I will readily submit to any Gent" (who will take the trouble
of reading) all ray Letters to hira & to his son & If I ara to
blame make all this just amends in my power. I thought
they pointed out means by w"!' he wo? probably be made easy,
& so I hoped wo* most of the other Cred? perhaps all of
them. If the best Advice to be had in England of Law &
Equity are right I am sure the Gent" of Maryland are wrong
& will bring on themselves Inconvenieucies they are not
aware of. They must do Justice to the luhitants of Great
Britain, must obey the rules of its Laws & depend upon it
for protection or they are undone —

I flatter myself that from the whole of my behaviour thro
Life to Mankind in general & in my Brothers affairs in parlar
I have not Given cause to reproach my endeavors which have
been & are to do Justly by all men & ray desire was & is
to Conciliate & do good offices where in my power. I wish
that after my decease ray Children may be found to have
the said tender regard to the Memory of an Uncle that I
have had to the memory of a Brother. I have been & still
continue willing to recede from very considerable part of my
Rights but if my Applications to his Lordship & others to
Settle things are not brought to Issue during my I^ife I
declare myself not Chargeable for the Consequences.

Allow me to repeat in few words that every assistance
given by My Tasker in this affair will be an Ease to his
L'?ship to whom alone I have right to recur to know what

192

has been done with my Brothers Effects since the Assigraent
to his Father ; but as his L'?ship is answerable to me so are
his Agents to him & as his L'^ship has so candidly Com-
municated the Information he has already reced I have taken
the Liberty to suggest such Observations as corapleat as may
be to prevent further trouble to us both. I am

Your m' hble Serv*
Copy J^•'? Hyde

To Hugh Hemersly Attor^ at Law.

SECRETARY CALVERT TO DANIEL DULANY.

M! Secy Calvert contents To the Hon''!'^ Daniel
Dulany Esq! of the Council & Comiss^' Genl
Of the Naturalization Bill of Foreign Aliens.
Of Hunter's Parish S' Peters in Frederick
County. Of improvem*.^ by Trade & of Ports
an Inspection Law. Of a Bill relative to
Alienation fines payable to the Lord Proprie-
tor. Of his Applause of the L' Gov!' &c!

London Sepf the 20'_'^ 1759.
Sir

I have the favour of y"; duplicate of Let! dated the 26"' of
Dec!" last. Y! first thereof I have not red nor y"" duplicate
till the 14"" of this instant, delivered from the Mess'l^ Haubury,
who inform me it was left at their House. It wo? have griven
much pleasure to have earlier communicated his Lordl^ An-
swer to y! valuable & just sentiments on Behalf of ffo reign

193

Aliens Settlers in Marylaud. His Lord!; has considered the
contents of y? thereon & thanks you for jl consideration to
him thereof, & directs me to acquaint you, that no Exception
is with him on a Bill being passed for the security of Pur-
chasers & others claiming by or from Protestant Aliens Viz.
. . . That all Lands Tenements & Hereditaments which have
been at any time patented to any Alien or being patented to
any Natural Born Subject have been purchased by an Alien,
& that all Deeds Conveyances, & Devises thereof shall be
deemed & taken to have passed descended & enured to all
Intents & purposes as they would have done if such Patent
had issued to such Settler or Vendor prior to such Settlement
or Purchase by such Alien & as if such Alien & the Persons
claiming by from or under him were Natural Born Subjects
of the Province . . . And if Aliens through iuaquaintance
of the Law of the Province have taken Conveyances of Lands
not patented or have settled Built & improved upon Lands,
he has no Exception, That it shall & may be Lawful for all
such Aliens & for all others now claiming by from or under
them to apply at any time with" years (the consideration

of the Limited Term of years he Leaves to a reasonable
determination of the Legislature of Assembly) from the com-
mencement of Sessions of Assembly, to the Land Office by
Petition setting forth the Time state of their claim submitting
to the Examination of the Judge of Land Office the Evi-
dences, Papers & Proofs relating therein contained, to demand
a Warrant (wherein the several Alligations in the Petition
shall be recited) to the Surveyor of the County where such
Lands lie to Lay out such quantity to be therein Expressed
& upon return of a Certificate thereof the Rights being com-
plied with as for a Common Warrant (reciting likewise the
several Alligations in the Petition) shall issue Accordingly &
25

194

that when such Patent shall issue the Lands Tenements &
Hereditaments intended to be Granted & all Deeds convey-
ances & Devises thereof made, shall be deemed to have passed
descended & enured to all intents as they would have done if
such Patent had issued to such seller or Vendor prior to such
Settlement or Purchase by such Alien & as if such Alien &
the several Persons claiming by from or under him were
Natural born Subjects of the Province.

Provided always that Nothing herein before contained shall
be deemed construed or taken to defeat or destroy any Estate
or Title from the Lord Proprietary or to any other Person
who has already taken advantage of any Defects af^ But
that such Estate & Title shall remain & be in the same Plight
& condition it would have been had this Act never been
made, any thing herein before contained to the contrary
thereof in any wise Notwithstanding.

And as an Encouragement to Foreigners to settle in the
Province (fee! That all Aliens now actually inhabiting &
residing or who shall hereafter inhabit & reside within the
Province & shall take Subscribe the Oaths made in the first
year of the Reign of his late Majesty King George the first
an Act for the further Security of His Majesty's Person &
Government or who are Quakers or others consientiously
refusing to take an Oath shall make & subscribe the Decla-
ration of Fidelity & take & affirm the Effect of the Abjuration
Oath by an Act of Parliament made in the Eight year of his
late Majesty an Act for granting the People called Quakers
such Form of Affirmation or Declaration, & also make &
Subscribe Profession of his Christian Belief prescribed by an
Act in the first year of King William & Queen Mary An
Act for Exempting their Majesty's Protestant Subjects from
the Penalties of certain Laws, before the Provincial Court

195

of the Province, shall be deemed adjudged & takeu to be the
Kings Natural Born Subject of the Province to all Intents
as if they were Actually born there ; of all which Proceedings
with the Names so Naturalized the said Court shall cause a
fair Entry to be made amongst their Records. On this Basis
& Tenor of an Act his Lord? is coincident with you an Act
should be passed Naturalizing all foreign Aliens ; And he
Apprehends such an Alien Bill will make the passing any
other Aliens Law hereafter unnecessary. A Bill so framed,
he considers will be a Legal constitutional Bill. That 'tis
Necessary that all German Aliens & others should & ought
to take the Oaths to the Goverment, Especially in the present
situation of Affairs, it is highly proper they should take ; and
if an Act was to pass for Natural iz? all of them that have
died in the Province without requiring or directing those of
them that are now living in the Province to qualify them-
selves for holding Lands &g^ by taking the Oaths, scarcely
noue of them he doubts would be prevailed on to do so, but
they would rely that if ever disputes should arise hereafter
about their Titles another Aliens Bill would be immediately
passed, which might be then productive of some confusion,
Especially if it should happen that the Judges of the Land
Office should have granted Escheat Warrants for any Tracts
which such Aliens might have died Possessed of; this future
Evil he thinks will be provided against by the Tenor of the
above Bill.

Concern? y! Proposition for Hunters Parish in Frederick
County, you say " if a Division of it should take place at the
Kittocton Mountain the Frontier Parish wouf hardly yeild a
compotent Support to the incumbent ; if the Parish were not
to be divided might not the Parson to be inducted be in-
duced to keep an Assistant & not demand the 30"' p! Poll of

196

the New Settlers for a Term of years? This wof Prove a
very great Encouragement " His Lord? accepts the Intention
of y! Proposition, in Policy very useful at the commencement
of industry bring Desert Land under cultivation, the source
of Riches & inhabitants. He desires you'l commune with
the Gov^ thereupon that such step may be taken the most
conducive of y! Beneficial Proposition. The only objection
is the Benefice is vacant ; if Lord Baltimore nor his Governor
does not induct, the Bishop of Loudon will. The SOI* or
^Qib pi- PqJj q£ Tobacco is the clergys by Act of Assembly.
Clergy here have Bonded conditioualy on acceptance of Bene-
fice, which has been renounced on Tryal by the Law. . . .
He thanks you for the improvement to him by your discourse,
"upon increase of raising Grain, Provisions & Flax seeds
as Pensilvania & on Trafiick improvements," & joins in y!
opinion advantages may flow if there were proper Regula-
tions & Ports where all commodities should be collected &
Exported under an inspection Law." This he has no Ex-
ception, but to steer clear of Effecting the Laws of Trade
& Plantation & the Laws of custom & Statute Law made
throughout the Realm. Of y! Proposition & sentiments con?
Alienation fines you recite, . . " I think Lord Baltimore's
Revenue from Alienation Fines might be put upon a better
Footing & considerably increased. This Article will here-
after, from the circulation & transmutation of real Property,
Produce a Large Sum. The clause in the Patents " that all
conveyances upon which this fine is not paid shall be void,
is really unprovided of a Remedy to compell an observance
of it. The Clerks of the Office take care that the fines are
Paid on Deeds of Bargains & Sale, by requiring the Receivers
Receipt to be Produced before they inroll them, but there is
no necessity to inroll other conveyances. If it were made

197

necessary to record other Deeds in a Limited time, the same
method might be taken to secure the fines upon them." . .
Such an Act from circulation & transmutation of real Property-
would produce him a Large Annual Sum. A Bill for that
purpose Enacted with Remedy to compell an observance of it,
his LordE says, will Bind him really Obligatory to you. — The
contents of yl Let' are of matters of the greatest consequence
of Advantage to him & the Province ; he accepts y! advice
therein as from an upright Councilor & friend to him, &
desires you'l impart thereupon to his Governor, & that you'l
rest assured no Encouragement shall be wanting from him
for such y'' Propositions, real Essential Points. He thanks
you for yy Applause of his GovT & yT Service to him & his
Govermeut.

I much thank you for your Leti" that has enabled me to
convey Beneficial Measures to his Lord? & I pray leave to
assure you of my sincerity & of all service & friendship
to you. T wish you Joy & have a sensible Satisfaction &
pleasure of y?" Promotions, of the Council & Commissary
General. I have had real Assurance of friendship both from
yl Father & you & don't doubt the same, of Subscribing with

all Esteem,

Y! Obliged Hum''!^ Serv*

C^ciL? Calvert

198

BENJAMIN TASKER TO SECRETARY CALVERT.

[Talbot Manor.]

ADuapolis 12 Septemf 1760
Sir

Agreeable to his Lord Ships request in relation to the In-
quest taken by Cap' Vanburkloo late Sher. of Cecil County
I have got the best proofs to the Signing of it that I can
at this distance of time as neither the Sher. or any of the
Jurors are now living ; but their hand writing is sufficiently
proved. It is Recorded w* the several proofs in the Sec-
retarys office the Record of w*!!* will be Sufficient in case an
Ejectment should be brought here, the original w'^? is here
Inclosed as it seems of great consequence. I have ingaged
Cap! Chew in M! Hanburys imploy & who has the care of
this Packet to put it on Board the Man of War who is to
Convoy the Fleet as it is too hazardous to send Letters of
consequence otherways.

I am told there are Powers now in the hands of persons
in Pensilvania from people who set up a Right to this Manor
and have given Instructions accordingly but I believe they
will find it difficult to prove themselves Heirs to Col? Talbot.

I shal be extremely pleased to hear that this gets safe to
your hands & on all occasions be glad to render his Lordship
any acceptable Services as being his & Sir

Your Most obedient

& very faithful hble Serv'

Benj : Tasker

199

SECRETARY CALVERT TO FREDERICK
LORD BALTIMORE.

[Personal Matters].

London Septf 28'!' 1762.
My Dear Lord,

Yoii give me Joy of your safe arrival at Vienna by y?
the 10'.'' rec'! the 26'^ ins*, gives me much satisfaction as free
from apprehensions of Harm by Banditti to you, attendant
especially in perilous time of War. Yf intelligence of the
agreeable amuserats at the Imperial City is pleasurable but
short Lived by Bite from Vermine at Night, destructive of
the Balm of Life & in a Hammock to rest is suspension like
Mahomet. The 22? the Installation at Windsor was remark-
ably Splendid than usual viz. that of Euthroni? His Majesty
as Sovereign of the Order. His Cap was set with Jewels
of prodidgious value & his Robes Looped up with Diamonds ;
the Queen covered with Jewels, & the Brillants of the Court &
those of the Nobles &c! were very resplendent at the Banquet
in S! George's Hall. The Guns at the Castle were fired, great
Illuminations & all other demonstrations of Joy, the Splendor
Supereminent ! Prince William Henry, & the Earl of Bute
were invested with the Noble Order of the Garter. With
regard to Peace, not any matter as yet has transpired of Au-
thenticity. John the Cloathier, makes great Clamour ab' his
Newfoundland Fishery, he keeps no fast nor is he willing
any others shall unless they Buy fish from him. He is for
having no partner in that fishery ; & as he has engrossed
most of the Sugar, he is for keeping all alike of the Gum &
slave Trades &? much abuse has arose. Our parliam' meets

200

the 1 1'.** of NoV: the Rectity of our K — in all things has no
doubt. The Laud holder & Stock holder Religion & hu-
manity crys aloud for Peace; None but Usurers, Money Job-
bers & base-minded Person Decries ag' truth & all that is just,
vent Base Rancour. It wo? give me pleasure could I mention
of y! Provincial Affairs ; unabled therein from no Ship nor
Intelligence from thence being Arrived ; daily expected Tis
a surprise ! the delay of Intelligence from America. The
Havana Affair no Ace' How Determined. The 30':'' of Aug'
I wrote you at Large upon all y^ Affairs here. My Let! was
accompany'd with the State of yl House at Southampton Row,
Sign'd by y! Appraiser, who has since certifyed M! Tho! Bush's
Bill amt! to £972. 11. 8 J Carpenters Work; he earnestly re-
quested money ; I gave him a draught on yl Merch' £500
paym' in p', & with my Letf was also the state of y! Ace' with
y!" Merch' & a representation from some Jews in Custody at
Cleves paying releasem' (since I have inclosed you another
sent me by the L*^ Mayor of London) I also inclosed several
Let" under cover to you, at Monsl" Van Casteel a Brussel by
you then directed; since Now under other directions to you.
I hope punctuality by directions in voidance of Miscarage.
I Believe Miss Caroline still at Margate. Porafret L'f of the
Bedchamber the E. of Litchfield Chan'?-^ of the Vm'r of Ox-
ford Privy Concilor & Cap" of the Band of Pensioners, the
D. of York at Portshmouth. With all reality

Yy Aff.' Uncle

C^cil! Calvert

201

SECRETARY CALVERT TO FREDERICK
LORD BALTIMORE.

[Public and Private Affairs],

London Oct!; 15'^ 1762
My D! Lord/

Since I wrote to you Aug' the 30'.'' I have write twice, But
on rec' of y? the IQ'.*" of Sept' of y^ intention for Venise, I
question the arrival of mine to you at Vienna 'er y! departure.
You give me Happiness by y! alteration of mind from Con-
stantinople to Venise. By the first, avoiding the Plagues,
Pestilential Fevers, & where no Arts &? rest, at the other,
health & all that is delight & amiable & near the Classick
ground the Birth of almost all Liberal Sciences, soft climate
& where all Harmony Subsists. My fear now is yf return
will not be so soon as I wish, Yl thanks to me gives me
much satisfaction, you may depend of my doing unto you as
I wo"? do unto my Self in all things.

Reference to what you write ab' Mess? Hanbury con? the
State of y' Acco'.' with them. I read that part of y" to them,
they said they had yf Letf thereon & wo'? impart to you, also
on exch^f & on money credit. On view of y! Acco' with
them sign'd by you from MonsT Van Casteel, I mark'd
comisson was only one p' C' charged. What I have drawn
on Mess" Hanbury Viz : To Mr

Fritz £ 52. 10. 0 2 Pictures of yT Lord? Person

17. 10. 0 pay' Rent Greensheet House

500. 0. 0 To Bush Carpenter in p!

82. 7. 9 To Hartley the Smith in full of Dem*^^
26

202

These as my Lef".^ sent may not meet you, I pf MT Bush by
his request to me in p' of £972. 11. 8| Work done & to be
done, valued & Estimated by My Heron yy Appraiser, & p?
M' Hartly by request of Mf Lyon who s? his want was great,
therefore pressed for the Bal : of Acco* Sign'd by Mf Heron.
Yy Lord? may depend I will regard y! Extract of paym^ to
all as near as possible & agreeable to yy Lety of Att5r? to me.
I have rec^ a Let!" from y! Provincial Govy of Maryland. I
understand that a Session of Assembly was held the 17'_'' of
March last, that 18*!!" contin? Public Acts he had passed & 9
Acts for Building of Churches & Chapels of Ease, an Act for
the Publication of Laws, An Act for Inspectors of Tobacco,
a Market House Act & an Act for destroying Crows & Squir-
rels & to 5 Private Acts. Warm argum', by the Journal of
the Up. House transmitted, has passed bet: them & the Lo:
H. ab' the Assessm* Bill on the old plan offered by the
Lo: H. Nine 9 times passed in the Negative, by the Up!
H. ; objected as subject to a New unconstitutional Power of
oppression without any remedy or not, the Lo. H. for the
Affirmative, the Up!" H. for the Negative, with strong support
from the Latter by real Argum^ in defence of you, the People
& yy Officers of Goverm' & alike argum* ag' the Lo : House.
Claim of Lex Parlamenti of right only belong? to our British
Legislature, the Provincial right being only founded by Poyal
Charter, 'tis the opinion of Lord Chief Justice Pratt to you
when Attor^ Genl speaking of the Lo. H. claiming a right
because exercised by the House of Com. " the Upy H. should
take care how they admit encroachments drawn from the
exercise of like rights in our H. of Com"^ here ; that the
two Assemblys differ fundamentally, the H. of Com°^ stands
upon its own Laws, the Lex parliamenti ; the Assemblies in
the Colonies are regulated by their respective charters &

203

the coiuou Law of EDglaud " therefore he says " His Lord?
(speaking of you) should resist all such attempts where they
are unreasonable with Firmness " and again says the Lords
of Trade in their reply on the Penns^ Acts of Assembly,
" that its in vain to negotiate away his Majesty's Prerogative,
every New concession becomes the Foundation of some New
Demand," thereupon it was Judged expedient to recora? altera-
tions in that Supply Bill by the Lords of the Council. The
UpT H. in Maryland have desired no more than the constitu-
tional Right by Charter ag' a Supply Bill framed on a vicious
Plan & say "that they were satisfied yl Lord']' Zeal for his
Majesty's Service sollicited to promote it wo? chearfully con-
tribute 5'! Proportion, they could not in Conscience consent
y! being subjected to unequal Burthen they observed the
Majority of the Lo. H. were contriving to lay on you ; there-
fore refusal of their Assent to a Measure w"" they thought
inequitable ought not asperse their own character or calumni-
cate the Lf Proprietor " Non obstante the Lo. H. rejected the
Upf H. right of Judicature to the Bill, therefore the Up^ H.'s
Negative passed to the Bill, reserving to themselves their
constitutional rights & share to the Legislature in the Pro-
vince as well as their just regard in right to y'' Lord? &
Governm* The Lo. H. by Eifecting Argum'j seem as if they
should be pleased to be call'd a H. of Coriious ; they wo5
gain nothing by such a measure, as they wot be a distinct
Body from the House of Coruous of Great Britain. The
Assuming the Appellation will not transfer to them that Lex
parlamenti of the Coraons in G. Britain, their ancient Usages
not being Provincial Usages ; the Latter founded only by the
Royal Charter, their particular Usages & the CoiSon Law of
England. What those rights are, the Charter, Journals &
Law Books may inform them, & must operate strongly ag*

204

their Extraordiuaiy Claims & Support the Up'" House in
being Coequal with that call'd the Lo. House. The proud
from the Ancestors that Established them ; on whom the
Lo. H. are pleased to pass sarcasm on the Proprietor, wl' the
Up!" H. may well retort on that Proprietor for admitting such
a Branch as the Lo. H. into the Legislature & charge it an
Evil, w^ the People of the Province much feel, as indeed
they do very much to their Cost, w^ had been prevented in
an Establishm' of a L' Governor & Council only. Inclosed
is a Lety to yf LordF from yf L' Governor. Please to let me
have yy directions. Am I to forward all Let" & Packets
directed to you from the Province ? The post House charges
for each seperate 10^ & am told open all ; therefore direct me
how to Act? The Govf in his Lety to me dated 21"^ of June
mentions no particulars, says " Nothing of Notice having hap-
pened," sends you a Pipe of Madiera & Hams w^ I will trans-
mit to Woodcote to remain for yy use. The ships departure
so early from the Province no Bills ; the whole Trade daily
expected. The Laws will rest till yy return. Conf yy Horses
mention in my last. My Lyon informes, from My Sparrow
at Sutton, that 40 Guineas is bid for the Great Grey Horse,
he thinks he can get no more, if he can he will ; desires
to know if he may part with him at that Price? The
little Grey he'll run at Odiham, after, he thinks it will be
best to part with him, he will not auswy, thinks he's worth
50 Guineas & no more. The Brilliant Colt in training, &
in good Condition. Yy Park stocked full with Grass Horses.
I design shortly for Woodcote ab' the inclosure. Miss Caro-
line designs a visit there. I know not of My Browning or
family, but that the Mess" Hanbury continue paying them as
usual, not recev? y! order to the contrary. The Estimate sent
you & sign'd Heron is y! Appraiser. More of yy House

205

Soutliamptou Kow iu my next, the chiefs coucern'd at present
not to be meet with, Inclos'd is a short Extract of answ! of
yy Affairs cou^ the Jews at Cleves, detained prisoners on their
felony of jewels committed by them on you in England. The
Magistrates of that City & their Superiours in Goverm' have
Notic'^ their villany & have done by detention of their Persons
all in their power to have justice rendered you by process of
Law there, and have transmitted such their proceeding under
their Signature to the Lord Mayor of Loudon & have reco-
mended to have the Prisoners transported to England to take
their Tryals & undergoe the Punishment due to their Crimes.
The Bulk of the proceedings, transmitted to his Lord? who
has sent me for translation, is needless to inclose you, there-
fore have sent you all relative in as much as concern you &
have added Questions propounded to you for yf directions
con? such vile miscreants & hope yT answ^ Their Crimes are
numerable of long standing some, that of Mf Bonmoetgie was
the same Ledgerdemain Trick they played you tis 20 years
standing appears by the process at Cleves. I shall wait on
the Lord Mayor & iu y!' name thank him for Civility &
regard to you by communication, waiting yT Answ^.

Of Public News, we are iu possession of the Havana, the
Capture is immense Riches & 9 men of War of the Line
(fee* We have regained NewfoundLand where M. Ternay
the French Naval Com'^^''^ with Superiour ships made his
Escape in the Night by a shameful flight. M. L : Count
D^ Hausonville Com'^'' at S' John's Fort after much Bragga-
doccio, our L* Col : Amherst sent him by Letf that if he did
not immediate give him possession of the Fort, in the State
it now is, every man in the Garrison shall be put to the
Sword, I give you half an Hour to think of it. William Am-
herst " M. D^ Hausonville Ans^ " I am averse as you to

206

the EiFusion of Blood, I consent to surrender the fort in
good condition " the Capitulation Granted, the French Troops
prisoners of War, to be transported to France. Nothing as
yet of certain transpires of Peace.

Yf AflPec^ Uncle & faithful Serv*
Cecil? Calvert

Pos' thanks yT enquiry my little Boy well, at School & Learns.
To Lord Baltimore

SECEETARY CALVERT TO FREDERICK, LORD
BALTIMORE.

[Personal Matters. Robbery.]

Surry, Oct: 28"' 1762
My Dear Lord—

I write at Woodcote where I have been some few days on

design to put in execution the inclosure Addition to yf Park

lying next the downs at the present prevented by the fall of

Snow-sleet, w!" seems of little continuance. Towards the work

I am ruiiing the Lines for the inclosure to be composed by

deep ditch. Banked at Top'd with Quick-set and a strong

Hedge. [I am obliged to you for yT transaction with regard

to the inclosure.] * As to Pailes I find none on yf premises

to spare. I think it best at first by ground-fence as it is

regarded intrusion, it will temper opposition & gain consent.

The latter end of April I shall order it to be plough'd and

crop'd after with sumer corn as recompence for expense ;

besides its laying fallow rough in May will prevent the

* Interlined in Baltimore's hand.

207

Racers entering upon it or committing violence to the fence,
[yy thoughts as to the manner of doing it are right certainly.] *
Yr Park has grazed 75 Troop-Horses upw*^.^ of two months,
45 are wanted off, 30 to remain till Christ!, besides other
Horses. This is not only profit, but also of Advantage as
manure to the Ground. In all things Lyon gives due atten-
tion. Miss Caroline is here for a few days with Miss Waker,
in passage Robbed by a high-way-raan, yf Sister of 8 Guineas,
the other of one. [I read a paragraph in one of the English
newspapers relating to my sisters robbery. Tis well no acci-
dent happened to her from the fright w'^.'' is generally the
worst.] * The Assailant withdrew his Pistol politely, his face
covered with black Crape. Frighted, however they returned
him thanks for civility. Comp*.^ have passed bet. them &
Mrs. Browning ; that at present is all with' seeing. Yester-
day's Post favoured me with y''.^ Vienna Oct!' the 10'^, & y";
desire being pressing with concernment towards y!" Health, I
have by this Post inclosed this Let^ to my Apoth7 in London,
a Person of real credit with directions to him to inclose this
Let^ with a Dozen of Doctor James Powders for fever & to
Care he gets them Genuine of the right sort & place them in
LetT well sealed to you. [I have received them and thank
you for.] * I have the pleasure to advise of by Let!" dated
the 25"' of July from Mr. Lloyd y' Provincial Receiv' Genf
of his transmission on Board the Gosport man of war Cap*
Jarvis £8000 sterling for yy Acco* & use. I have accordingly
advised the Mess? Hanbury thereof & as I learn the man
of war is but of slight force and as France & Spain have
strong Naval force in remote parts of the Western Ocean &
the premium of insurance being moderate here, I have advised
them for insurance, not thinking prudent to risque Total Loss

* Interlined in Baltimore's hand.

208

on such a Capital Sum of money. [You did right to insure
it.] * I have wrote you twice since Aug' Y? acknowledging
mine then reef by y? Vienna Septf 19*''; mine were to Vienna
of this Instant, also mine in answl" to y? the 19"" of SeptT I
directed to you at Venise the 15"* Ins' ; yT departure by j\^ the
10'*', mine to Vienna will not then be reef by you. However,
as I apprehend yT orders are for Let? to follow you, I trust
repetition needless, especially as my Let? already write are in
many Circumstances repet"

Yr little Grey Horse has run at Odiham is Beat. Mr.
Sparrow at Sutton thinks he may get Fifty Guineas or forty
for him, & has had forty bid for y! large Grey Horse, thinks
they'l not answer keeping as Racers, desires y! Orders if &
how he may sell them? [I agreed to the disposal of my
horses in my Letter to you from Vienna.] * Yf Horse Bril-
liant in training. I am not wise enough to understand the
present condition of our Public affairs here, here is calm,
steps are talk'd towards a Genl Pacification, but of that noth-
ing of certainty transpires. The Earl of Hallifax SecT of
State, in the room of Geo. Greenville placed at the Head
of the Admiralty. Mr. Bennet has this day sent for the

Horse you gave him.

Yy aff? Uncle & faithful Serv'

C.EciLius Calvert.

Pos' Miss Caroline's Love attends you,

hopes yf kind Benevolence by a man

of war when you are at Leghorue of some Italian

flowers in relivance of her Loss on the Road.

Pos' No Let!" from the Gov^, Maryland Trade daily expected.

Southampton Row House forwarding.

* Interlined in Baltimore's hand.

209

SECRETARY CALVERT TO FREDERICK
LORD BALTIMORE.

[Mason and Dixon. Personal matters].

London Aug' 2 P.' 1763
My Dear Lord/

Mine the 10* of July in answer to yours from Zante Island

the 2^ of May, and by antecedent Let" I acqainted you, of

the Mess" Mason & Dixon Geometrical Surveyors departure

for America, Since, in conjuntion with the Mess" Penns

after ^any consultations & debates, present Mathematicians

& Lawyers, M! Hamersley on yT side ; I have on y! part with

Mess? Penns executed Deeds & a Reciprocal Agreem' & Ave

have rec^ Hints for the Comiss".' on both sides, by Doctor

Bevis & M! Harris the Mathematicians, con? Running the

Tangent Line & Paralell of Latitude ; these Hints are briefly

set forth in my last. Of Deeds two, one of the articles of

Agreem' & requesting the Comiss" on both sides respectively

to take to their Aid & Assistance the Mess" Mason & Dixon

& the Survior of them for the completion of the Lines &

con? certain Bargain & Limitations respectively to the Mess?

Mason & Dixon (int!" als,) 10^ 6 p! Diem, until they land at

Philadelphia, 20 Guineas each for passage & on their Landing

£1.. l^. 0 p^ day during residence on Ace* ; their passage back

the same as going, & over & above Support during such part

of time they shall be actually employ'd in the work of the

Lines under the orders of the Comissf & to imbark in the

space of one month with Power to the Comiss" to discharge

them. And 'tis agreed, y^ Lord? & Mess" Penns to Expences

be subject to equal proportion. And the Mess? Mason &

210

Dixon bind themselves in the Penal sum of £2000, for their
true performance of Covenants on their parts; this is the
substance of Deed & Reciporal Agreem' as to main parts.
The other Deed, concerns the Mathematical lustrum'", such
as are already provided & the Surveyors bring with them is
to their Judgment the (jlioice & use. So are these matters
Threaded by the Mathematicians & Lawyers, very tedious,
occasioning dispute Labour & Pains with unnecessary At-
tendance, these Corps of men stricktly observing the Maxim
of Fabius Cunctando.

In all these measures I have jointly cooperated & with
Conformity entered into with the Mess''.' Penns, to facilitate
the provincial Boundary Lines & agreeable to yl Lef! of &
Concerning. And with them advanced & paid on y! Ace! by
Draught on Mess':^ Hanbury to the Survey '^f f. Moity £ 71. 0
pf Agree* on Ace' They are on immediate departure for
America : God send a happy Issue. I have Agreed to take
Doctor Bevis's Transit Instru'; with his Advice will cost
you near £100. Messl" Penns costs D? upw".' of £ 300.

I have a Let' from y' Governor, dated June the 6'.'' ; the
purport is, That a late attempt has been to correct the Errors
of the Tangent Line Run, but in the process the Survey!"
there have committed as much Error West of the 12 Miles
Circle off New Castle as they had on the East. That all was
Quiet there & in the Province. Says, my last LetT contains
too much to answT But with time having copiously wrote
him ; he sends his Duty to you. I have wrote him by the
Surveyors & inclosed him the present Deeds with the Transit
Tnstrum' &c! & enjoined by Admonission to cease all Expence
he can in the procedure of the Lines, with dispatch.

In my Last & former I informed you (intT als.) I had paid
the Gov? Bal : of acc^ £261.. 8.. 1 paid to Mess" Hanbury

211

for yf use, & of their acc^ Bal : to you the 3'? of May with
the Gov? sum, due to you £13535.. 9.. 10 & I particularized
His Majestys most Gracious acceptance of y! drawing, the
Transfiguration of Our Saviour, which he with Thanks rec^f &
delivered by me. Then things being material I reharse, as
accidents of Loss may be to my Letters.

Yf House in Southampton street is almost finish'd agreeable
to y! Orders, 'tis habitable for your residence ; your own Bed
& next Room Bed with serv'' Beds are up, with yr other
furniture from Lincoln Inn fields House, sold to MT Proud-
foot. As to Woodcote I know not at present, save from
Lyon, all's safe & Quiet. I intend shortly there, & to return
you his Acc*^ Yl Horse Brilliant, has wone the 4 year old
Plates at Chimsford & Baruet ag* good Horses ; he's a true
Racer & will turn out a Plate Horse & is a Beauty ; am I to
sell him? Y! Horse Harmony is Bow Knee £25 can't be
had for him. I have ordered him to Woodcote till sold.
Venison is on Sale. Much Grass by a very wet Sumer ; Hay
destroyed, 4£ a Load, Grass Horses Scarce, much Cavalry
Broke. However Lattermass Grass will prove Beneficial to
you from Y!' Park, in w^ is a plentiful Crop of Oates, some
Barley & a good Appearance of Turnips as Lyon informes,
who is very Assiduous. I have Ordered him to admit 3
Workmen as Additional s to Mf Boughton & wife to laye for
their Lodgings, No Expence ; this I have judged expedient
& have well secured yf House in Southampton Row ag' Rob-
bers. Many such by the discharge of the Navy & Armey.

I have y!f May the 13'.'' from Messina, date after y^^ the 2"?
of May from Z^Aite, occasions hopes y^ Vouage to Constanti-
nople is put off, tho I doubt, by y^ Bad ace' of Messina at
which you Landed not ; so take yT Let" mistaken in Dates.
No Syracuse Wine is arrived. A Petition has been presented

212

to you, deliv? to me by a M'" Proby complaining of Extra
Judical Judgem* given ag' him by the Magistracy of Pen-
silvania, with seizure of his Land Property. He claims
Maryland Legislative Protection, without producing any Evi-
dence as to Right. Upon My Application to the Mess?
Penns, I learn't his Land Patent was from them, laying in the
Disputed parts. On my part I've treated him with Lenity,
they Ruffel'd him ; he's a turbulent German, has Presented
his Memorial to the King ; the Penns have had a Message,
& try to Civilize him by proffered Service for injury. I
have inclosed his Petition to you to yf Gov^ to make Report
of & Concerning. He got speech of the King ; speaks of
yy GovT with commendation & Administration of Goverment
I am out of order not well, May all Happiness attend you,
Y! LordPJ Aflf^ Uncle & faithfull Serv!
Cecil! Calvert

Pos* By chance dining with S'" Abraham Janssen at Wim-
belton we saluted y! Health ; he spoke very Affi® of you,
hinted a Hanch of Venison, I ordered y'" Keeper in yT Name
to leave half a Buck. My Bennet has been at Lewis's some
time with a Dulcina (not Del to Bosa) he frequents Woodcote
shades. YT Stone House taken, Doctor Clark £50 p! ann :
30 years. No Builders for y' vacant ground at Loudon.
Advertised with' Effect. 50 £ paid to M!: Harley the Smith.
No other Articifer paid save what has been afore advertised
you of. Miss Caroline at M? Crayley's, Dorcestshire. S^
Ric^ Lytelton arrived : much adoe ab' Nothing : Squables
among the Great. Sy W^ Stanhope arrived. • Direct my Let?
to you at Naples double directions, To My Jaminaux or Messy^
Lengola. Creditably informed M' Jaminaux struck with a
Dead Palsy. Young Prince Born. Indians reported mische-

213

vious in America. Yy Quarter all's well, Proudfoot is to
pay his money purchase & Rent ab' £2000 the 24*_*' Instant,
delivery to Mess" Hanbury to y^ use. Mr Belcheir has sold
his premises at Epsom. Physicians advise me riding ; you
having ordered yf Horses to be sold, I have taken the Bay
Mare & y! Little Sorel ; use them & shall pay Lyon the
value. One Dallinger has been with me ; produced a German
Letf ; read translating false & traversed in discourse, wanted
money. I told him his Behaviour I liked not & w^nt Credit
him ; Says he has been concern'd by y! Orders ab* the Jews
at Embden ; says he'll write to you ; claims a peice of patch'd
Tapstry, says I, pay 4 Guinees My Lord lent you ; replyed he
had, no money, produces ace' ag' you 30 odd £ services done.

To Lord Baltimore at Naples —

SECRETARY CALVERT TO FREDERICK
LORD BALTIMORE.

[Personal matters].

Westf Jan! 10'_^ 1764— London.
My Dear Lord,

In my last Dec! 16'^ or 18* I rehearsed many particulars

I had wrote you in four Let!f Via Vienna, in answ? to y?

number five rec'? from Constantinople, mine directed to you

at MonsT Le Baron Frier's at Vienna, y! directions. Not

having rec*^ any answf from the 1^' of SeptT of any rec' of

mine, I take Mishap has been to mine ; tho' hope not all, yet

access to you p! Vienna seems hazarduous, perhaps on ace'.

214

of the Plague in Turkey ; I chuse now my Address to you
Via Napoli y! Last directions, by y" the 25'?" of OctT rec*
25'^ of Dec! last, as of more safe Conveyance to you.

In my last I was explicite on the subject in a Let! from
Maryland ; casting reflection on the Maryland Go verm' Plan
I shall now denounce' Brief on the Author; His Allegations
are false, absurd, & train'd from inconsistences ; he artfully
leaves out the Appeal to the King & Council (the controul
upon Errors committ'd) & where Rectitude is obtained ; But
Machieval like, Bent on Mischief Appeals to Pari — t, where
he try's to gain by confusion his venture by the Licentioness
of the Press. He allows the Go verm! Plan to be similar to
other of his Majesty's Colonies ; yet appeals to Lex Parlia-
menti to forereach upon the Crown's Power, by Blind Craft
Hoodwinck it, not daring to hurt the Regale Authority unless
he can do it thro' y! Lordl^ sides, by destruction of y! Royal
Charter ; whose authority by y'^f & y! Ancestors has been at
all times excircised with impunity & Consonant to our British
Constitution by Law Establish'd. I drew an Answ'', Men
of sound Judgem! approved, but Cautioned the publish! as
you abroad ; it wo'? subject much altercation and abuse from
Licentious Writers of Base Contumely : thereon I opin'd it
Best to drop Public Notice.

In that Let! inform'd you of Bills of Exch : value £6252.
1Q\ lO'^ & of cash £6000 Total! £12252. 16^ lOi Both now
arrived & delivered up by me to the Mess!" Hanbury for &
to y! ace* since the delivery of the Bills, a Bill of them drawn
by one Semple, on his Coresp'ii' at Glascow, Scotland, value
£1900 is protest'd, I have dispatch'd Back the Bill for re-
exchange, it will cost the party 15 p! C! you some time kept
out of rec! And I advised you in my Let! & a former, in
w^ Let! I inclosed M! Lyon's Ace! amt? to some what more

215

than £800. Bal : to you £ 118. I can't be very exact, the
Ace* not with me, ont of w'' Bal : I ordered him to pay M?
L's Borde Miss Julliets Board ab' £36 reck? her parapharnalia
included. Follows an Ace* of all Disbursem*.^ paym'.^ on yl
Acc'.° By Draughts from me on the Mess? Hanbury. An
Ace' paym'.^ to the Artificers at y5 House the End of South-
ampton Row, Bloomsburry, London Viz.

1762

s.d

Sept^ 23d To Tho^ Bush, Carpenter -

£500. 0. 0 pt

Octr 2?

To Hen. Hartley, Smith -

82.

7. 9 in full

Dec^ 15^}'

' To W'P Selfe, Stone Mason -

130.

0. 0 pt

1763

612.

7. 9 pt

Jany 1^.*

To Tho^ Clarke, Plaisterer

158.

O.Opt

Do gth

To Tho! Bush, Carpenter.

400. 0. 0 pt

March 3"? To W™ Tyler, Chimney Pieces

- 80.

0. 0 pt

Bal. due

'. 60. 0.

D? D?

To E. Helling, Glazier

- 100.

0.0 on

ace'.

Aug^ leth To Hen : Hartley, Smith -

- 51.

1.0 in

full

Sept! 2'?

To Tho! Clark, Plaisterer -

- 342.

O.Opt

Bal.

72. 12.

Dec-: 22!

To M^: Leroux, Surveyor.

20.

0.0

D? D?

To Edw'? Gray, Brick lay.

70.

0. 0 pt

D°

20.11.

D« D?

To E. Helling, Glazier

60.

0. 0 pt

35. 5.

D? 23-i

To Tho^ Bush, Carpenter

400.

O.Opt

D<?

426. 12.

D? D?

To W?i Jelfe Mason

300.

O.Opt

T>1

138. 9.

D» D?

To I. Wildsmith, Paviour

100.

0. 0 p'.

D«

19. 7.

D« D°

To W? Varley, Plumber.

40.

O.Op*

21. 6.

1763
Oct! 4t>

To Geo. Stuart, Painter

78.

16. 8 in

full.

Debt 794. 4

due

—

In full and Of Bills paid £2812. 5. 5

Y! Credit to me on the Mess? Hanbury for the afores?
purpose £3000 rem? Cred^ £187. 14^ 7^ for the use of that
House, now in sufficient order for yf reception, the particulars

216

done sent you in a former Letf Yf Sister Caroline there until
Notice of y!" return —

As to yy House in Lincoln Inn fields, that has been sold
some time and of w^ I advertised in former Let? the money
£1980. 13! Sale £2000 Taxes ded'l'^ £19. 7^ 0 reduced the
Sale to £1980. 13^ paid on Day of the Conveyance by M"^
Proudfoot, & the sum delivered to the Mess"".' Hanbury by
me according to yT Directions.

Follows Disbursem*.^ By me of paym'.^ Drawn on the Mess?
Hanbury By yT Order & unavoidable Necessary Viz.

1762

To W™ Lyon July 13'^^ be then no money of y? paym^ ■> £ s -

to the Land lady yT House Queen Street Bloombury J 17.. 10. 0

To M^ Tietz Portrait Painters March 27'.^ by y^ Orders. 52.. 10. 0

To Jene : Sisson Int. her charges : Dr Bevis In* for yT view before "» 5.. 0. 0

y^ departure. NovT the 6'^ paym* ->

To Doctor Griffenberg y^ Orders paym'. Dec^ l!_' 20. 0. 0

To M'-.s Hester Harford y' Orders, Jany paym' the 24*^ 120. 0. 0

To Doctor Bevis April 29* Astronomical advice to Mary"? 21. 0. 0

To D° Sept^ 15'h for his Azimuth Sexton & Additiol Advice to D° 84. 0. 0

To Jere Sisson in full Ins^.^ & Package of D? to Ditto 11. 5. 0
To M^ Mason & Dixon ths Surveyors arrived to D? Money ]

Advanced to them prom* paym* bet yr. Lord?^ & Mess"".^ Penns !" 71. 0. 0
£142. yT J Moity J

1764
To M? Harford y^ Orders paym* JanY the 4*? 200. 0. 0

Draughts on paym* Tot. £602. 5. 0

I now close all y^ Lord^J money concerns at present stand-
ing, under my managem! & Cognizance ; triffles of paym!
may remain unobserved. In my next I will transmit a short
sketch of the Mess? Hanbury Acco! Gen! Note a Debit Bill
y? is deliv^ to me from S! Mathew Blackiston Grocer in the
strand, he has closed all Trade yy Deb' £84. 16. lO'f his part

217

for recovery all his concerns to his Lawyer, 1 expecf? suite,
JNI" Lyon says a Debt left unpaid.

M? Harford returns all thanks for yf Beneficence to her &
Children, they reside at Mortlake in Surry. Relative to y?
the 25^^ of Oct^ y! Racer Brilliant won 2 plates last year &
think he merits keeping. As to y! Horse Harmony, he's
sold, he wo'^ noways answ! The most to be got was £25
& that with DiflBeulty, not worth his keeping, the perchaser
offers him for much less. I've advertised y! vacant Ground
for Builders to take at Southampton Row, none offer. M^
Butcher rests quiet. Rent commences from S' Michael Last.
By y! Lease you are in part concerned with his Grace of
Bedford for repair & making the Road before yf premises,
a plan is settled, yy Moiety £60. A Pipe of IMadeira from
Maryland is Bottled off & in y! Binns there. I've sent yf
compP.^ to S! Abraham Janssen, hear not of him. When you
send that curiosity of flower for him, some to me & of other
valuable seeds will be acceptable. You are in the Neighbour-
hood of Eden, the fall of Our Grand Parents. Doctor Sharpe
is become Pontifex Master at the Temple ; he visits none but
the Great, his Brother seldom to be seen, tho' but Clarks,
the Souv — gn in his circle speaks to them. When I see
Mr Dallinger I will deliver to him y!' orders for reception
of his Tenantry. The Globes & Telescopes are sent by a
ship Bound to Leghorn from thence to be dispatch'd to you
at Consul Hayes at Smyrna, no ship being bound for that
Port these three months.

By late Leff jl Lieu! Gov^ & the Assembly were out. His
Excell^^ says, he could not pass the continuance of the To-
bacco Inspecting Act mentioned in his Speech, if not regulated
by valuation of Coin according to the Statute of Queen Anne ;
this he observed not only by y! Inst°.^, but also the Crown's
28

218

rec! It may slip y'" Lord';^ mind such y^ Instl^ preparative
you sent him to obviate false valuation over or under this
the former act they did the Lo. H. over value to cheat y^
officers flFees. In his Lety he says, the Cur''-'' Act was in De-
bate ; An Act very prejudicial to you, Duty ifree on all
Tobacco's lost; this during War of much prejudice to you.
I conceive no reason for it, why y!" father suffered his Tuu-
nage on ships to be included a Loss to him, by it he exonerated
the Merch'i Loss, who upon the Trade is a great Gainer, &
for w! Gain he ventures his ship, he may have Insurance to
make good, he pays not a Doit in Support of the provincial
State ; other reason I conceive was Gain of Popularity to his
Gov! who must have imposed upon him. The Act passed
in 1733, duration to Sept!' 1764, Duty ffree on Loss by re-
export, to make good 90000 £ CurY within the Limited time
15^ upon Tobacco Hogsh*!;' & upon ship Tuunage, the Latter
a great Loss to you from unreasonable Gain to the Merch*,
who upon the whole Trade is Gainer. Re-export on the
Tobacco Hoghs'? has colour, for by it the Planter has salvage.
Last year I wrote the Gov!" I would sign no more certificates
on Loss on yf Ace* after SeptT 1764 & of w^ I had warn'd
the Merch'.^ here. No colour have they for continuance of
such an Act but it having been passed. The Staple of the
Cur'=7 Act is Bank stock perchased by money arising upon
Duties on Tobacco HogsM & ship Tunnage; 'tis certain all
Cur"?' i, e. money shou*? turn out sterling, for no Commerce
can be held where it does not, 'tis Central to all points.
Bank Stock at present is Low. If thro' Logical Argumf it
be reasonable on Ace* of defficiency of the Cur'^?' Staple by
Bank Stock sold to make paym! sterl? for the use of the Cur°^
at the Expiration of the Act, a further time be allowed to the
Act to make good Public Cre^* the requisition of such time

219

may be three years, I think not so hjng, it depends at times
the Buying in the stock, how it will answ! at the experation
of time on Sale ? for by the Peace Bank Stock is now at least
20 pi Cen' advance upon sev! sums of money p! ann laid out
in that stock to make the CurY good sterl? so T hope the
perchase at times will Counter-Ballance to make good. For
its time the Act had its Quietus, an unreasonable Bargain to
you. This inter als. of consequence, how much you may be
wanted, y! Dissent to unreasonable Laws ; unavoidable but
by the steady Adherance of yT Upy H. to you & y! Gov!
As to the Inspection Law, Intelligence says that is passed
conformable to Inst"^ The Gov!" writes all's Quiet. The
Savages of Little hurt on yT Quarter part, America. I hope
yy return by Midsuml" you are too Venturesome, Avoid Po-
land 'tis a Dissert. No of Syracuse Wine rec^ By

Yl LordP^ Affec* Uncle & faithf Serv*
Cecil : Calvert

Pos' Inclosed Doctf Jam' mild Powders 1 Dozen the other
Dozen sent to Smyrna in the Box with the Globes and Tele-
scopes— the Duke of York at Genoa. The Duke Brunswick
expected, joyous marriage. Princess Augusta. My Wilkes
at Paris. Large Bets on his return & Non-return by the
meeting of the Parliam' on the House's suIHons for his Ap-
pearance. I think he will not.

220

SECRETARY CALVERT TO FREDERICK
LORD BALTIMORE.

[Personal matters].

Loudon Jan^ 30']^ 1764
My Dear Lord/

By the return of the post I answ": y'^.' of Nov! 10* & D? the

15*^ I am glad to hear mine of the 25*!' of Oct^ is read by

you, two more Via Vienna from me are due to you. you pay

me kind compl'f for my Address to you it give no smal

pleasure y'' estimation thereof, I do it with sincerety. the

11'!' of this instant, I wrote you of all particulars concerns

fully, inter als, of £12252. 16. 10^ late remittances rec*? from

yT Provincial Rec^ Gen! deliv'! by me to the Mess? Hanbury

for & to yf acc*.= & in that Let' Noted a Bill of Exch^.-^ of

£1900 value part of the aforesaid sum was protested, it was

But is since paid, this my Letf via Napoli. y' residence at

Southampton row, Miss Calvert [well] save a cold she has

got I deem from return of the Bell Assemblies &c^ y! Hous

she is much pleased with is ready for y! reception. I've paid

the Artificers on y! Ace! £2812. 5. 5 in p* due to them £796.

4. 7. I have wrote to you particulars. Via, Napoli & sent

you one Dozen of Doctor James's Mild Powders, the other

Dozen I have sent in the Box with the Tellescopes & Globes

to Smyrna as by you directed. Y!" ace! at olympus sortie

agreeable, fine Trout delicious, was I woman sho^ Long. I

have paid M? Hertford £200 : Miss Julliets ace' is paid £36.

all these persons well. I will take & do the best con? the

Benevolence to y! Province value £200 worth in Gun powder

& Ball & inclose y5 Let! to yf L! Governor; from whom I

221

have a Letf dated the 12*:!' of Novf last, the Assembly was
then sitting ; by the Tenor of his Letf bnt short, he observes,
the fierceness of the Savages abates, & that the obdurate Spirit
of the Lo. H. of Assembly mollifyes ; these being Tyding of
Gladness to you I note them to you. I am emerged in, Ink
& upon paper for y!" Province of Maryland, therefore have
but just time as the Ships are on departure to write at this
present time some few occurences to you. I am concern'd for
the Birth you mention, 'tis unlucky an embaressement. Tis
yy own creating, do the Best ; comfort her ; my ComplV to her.

Y!f Aff? & faithful Serv!

C^cil! Calveet

Pos' I hope yf return soon yT Affairs ^ -r i i i

. 1 1 o . 1 1 V^ 1 • 1° health so so,

indeed & mdeed want you. On closmg

•^ ^ > thanks y":

have a LetT from the Maryland Survey? i

. \. enquiry,

who have begun the 40"" degree Line of Lat. j

SECRETARY CALVERT TO FREDERICK LORD
BALTIMORE.

[Personal Affairs. The Penns.]

West!^ June 1^.' 1764—
My Dear Lord/

Yy Letf of April the Q^^ has revived me from despondency

about your Safety, not hearing from you since Janf the 26i^

the 10* of w? ins* I wrote you a Long Let^ Via. Napoli.

since all my Let? at least sight particularizing all concerns I

directed to you a Monsf Le Baron Friers a Vienne. By my

222

two last March 28','^ & April the 6'." I inclosed you the Mess?
Hanbury Accounts Gen! & My Lyon's Ace! & specify'd on
the Back of Lyon's Ac*:^ all my paym? on yf ace* to yf Arti-
ficers in Southampton How, w? paym'^ amounted to £2812. 5.
5, the rem"*.^ of y^ Credit to me out of the £3000, rem^^r £187.
14. 7 out of w'i must be paid £60 yT Moiety with the Duke
of Bedford settled for the way before yy door. I also specify'd
the rem"^!" of yT Debit then to y5 Artificers, particularizing to
each amt? upon the whole to the sum of £794. 4' 9^, & I
particularised my draughts on Mess'".^ Hanbury y! private
Orders & on yf Acco' paym*f am'i^^ to the sum of £632. 5! 0^,
& to give you a clear view on those matters I thirdly inclose
you the Mess? Hanbury Ace' Gen! as accident may have been
by Loss of the formers transmitted you. of Mf Lyon's ace*
amount? to £569. 15^ 1 out of w^ Bal. to you £148. 3^ 4^ he
is at Woodcote disposing by sale yf Horses, I know not How
nor why? I have seen little of Mf Provost, have done all
he has desired of me. He told me some time past Woodcote
sale was to be in May, now postponed to be in this instant
& by the advertisem! to be by auction sold by Mf Langford
at his Action Room Coveut Garden. Yf vacant ground at
Southampton Row we can't get Builders to take. Yl House
& environs are very agreeable. Yf sister Caroline has a
pleasant Birth & the Air agrees with her well. I have sent
y!" inclosed to her, & y!f to Mrs. Harford who resides at
Mortlake. Epsom Races now are, yf Horse Brilliant M"
Sparrow thinks not proper to run there, a superiour Horse
being entered for that course designed ag* him, he is to run
at Guildford. His Excellency the French Ambassadour has
sent me a Messuage, he designing for the Races, requested the
favour of seeing Woodcote & taking the Liberty of dining
there by his own Cook. I returned him a Polite Card of his

223

being very acceptable to you, at the same time an order to
Mf Lyon to receive him in the Best manner yT seat afforded.
With regard to yf Provincial Affairs, much wrangle has
been occasioned by the Lo. H. w!" the Up!" H. has with forti-
tude & good sense defeated. In my Let™ I have advertised
you the particulars, so at present defer particular remarks
thereon ; some little dispute con? has been here not worth
relating ; at present all subsides, & by the Gov''? last Let" the
same in the province & the Indians have very Little Effected
yf Province. Pensilvania by the Indians has suffered much
depredation with Loss of much Blood on Both sides ; the
Indians have assail'd within six miles of Philadelphia, much
abuse is publish'd here ag' Mess!f Penns & their Administra-
tion of Goverm' ; great war to dispossess them of the Goverm'
part. Mf Tho' Penn is much Effected he told me with the
clamour, his whole Govem' is in confusion, his Nephew not
above 24 & unschooled in the arts of Life of human dealings,
not fit for the task, he observed, saying how do you manage ?
(he has had four Gov" in the time you have had one) I told
him you avoided wrangle as much as possible, was firm to the
real Rule of Goverm' Says he, y! Lo. H. is vexatious &,
turbulent. I answ!^ yes. But of that y! Lord? left to be
decided by the Upf H, He replyed in that his Lord? has
much the advantage of us. I have wrote fully on all matters
to yl" Govf & transmitted him the Gun powder & y!' Let" of
these matters I've wrote you particulars. I can't help observ-
ing like to arise much violent disseutiou in y^ province, w!* I
think can't be well cured but by y!" Presence at home, I there-
fore hope y^ return. May all health attend you & that this
Let!" may meet you in happiness at Warsaw, from My Lord

Yf very aflP^ Uncle &
faithful Serv*
C^cil! Calvert.

224

Pos' I am well recovered but am old ; think the Tunbridge
Steel water will Benefit me so design shortly there, y? of the
within date rec-^ 28'." of May.

Pos' Y!" Globes & Telescopes sev! mouths past sent you to
Smyrna, & yT convex Glass directed to My Greenville, y'"
Pocket Books not arrived./

SECRETAEY CALVERT TO FREDERICK LORD
BALTIMORE.

[Academy at Annapolis].

Cha= Street Westf July 2*? 1764.
My Dear Lord

This is my 3'? Let^ to Warsaw, since yy intelligence of
direction to you via Vienna by Baron Friers. I have y^^
Pera April the 24^? w*? gives me Spirits not only of your
being well, but also of your intention homewards by way of
Poland. I have had lately a Lety from yy L!^ Govy & from
him Acts of Assembly passed by him 34. the 4* of October
Last, & some of them Acts being of a peculiar Nature, requires
yy peculiar attention & consideration in as much I appre-
hend to occasion yy Dispatch. The Province, he says is Quiet
& no harm has happen'd by Indian War, but seems to think
much disquiet will arise at the meeting of the next Assembly,
by the Lo. H. particularly, con? a Bill for the establishm! of
an Academy for Learning at Annapolis ; as means thereunto,
they design striping you, Nolens Volens of yf right to the
House some years past Built & from their 111 will not finished

225

at Annapolis, designed as residence for you & y' Gov' & for
w** purpose yT father gave a Large Quantity of ground. And
for maintenance to the Academy tliey are for making a per-
petual Law by gift of the ordinary Licences, & this done
with' any favour from you or acknowledgera' to you, this is
very unjust & alarming ! he hints th' many of the Up' H.
think an Academy necessary. In a Letf June the 12'.'' I
wrote him, as I expect you home by Nov', I shou*? then have
the opportunity to laye all matters in Contest before you. In
the mean time hoped & did not doubt. But that he & the
Up! H. will reject all attempts upon y! Lordi^' rights, Dignity
& property ; that if any favour was reasonable to be gained,
it must be first by Dutiful remonstrance had by yT permission.
I thus Briefly state matter of consequence to you, yf real
presence is absolutely necessary. Unfortunate incidents &
turbulent Spirits in Pensilvania has bro' on the Mess? Penns
much vexation & trouble, their senate have voted an Address
to the K. . . to take the Goverm* out their hands ; & our
papers exhibit much abuse ag' them —

The 28'i!' of last month Woodcote by My Langford in Coveut
Garden was by Auction put up to Sale, I attended ; to my
Surprise none appeared but the wretch'd, at last after much
Silence, One of M' Laugfords puffs bid £15000 & so on by
his other Puffs to £23900 he then struck his hammer, not one
real Bidder, they may write you of Persons since ab! it, be
not amused & add further charge on you, be yf own judge on
y! return.

The convex Glass not being sent I have stop'd it, agreeable
to y! orders. I am glad you have the Mess? Hanbury Ace?
Bal to you £21534. 9' 3' & in my last 3^ June I noted to you
11' Bills of Exch: value £1061.. 15^ 4'' rec^ making their
Ace! £22596. 4. 7 to you if any Errors by their ace? that will
29

226

be adjusted on yl return, by their rec' of Bills & Specie deliv?
to them. Mf Bush the Carpenter has been with me, desired
to know if he was to go on further in work, I told him no,
leaving further proceed®,^ at yf return as well as paym' — I
have p^ Ml' Harford yf order £50— And to Mi^ Hales shall
follow yy order to have £100 & as you desire & Do to her
requisite good offices — Yf pocket Books from Turky not ar-
rived— Yf Horse Brilliant won a plate £50, a in Suifolk
D? is to run at Ipswich — I am drinking Dog & Duck water,
after design the steel spaw. With refreshm' of Woodcote &
Quiet I hope to strengthen my Nerves — S^ Abraham Janssen
past all hopes of recovery. Fre^ Hyde & Madam Bressan

Dead. Mr B g & wife in Lincolnshire has made as yet

no settlem* Miss Caroline's Love to you, a charming Suiuer —
rumour of war, administration not easy — Stocks sink — With

all Esteem

Y! Aff' Uncle & faithfl Serv*

C^CIL! CA1.VEKT

Pos' have y? May IS*? answ? in this/

To L^ Baltimore

a Baron Freiss Vienna

227

DANIEL DULANY TO SECRETARY CALVERT.

[Personal Explanations. Alienation Fines.

Public Burdens. Paper Currency].
Sir,

I have the Honour of yours of the 28'!" of Feb7 As to
what regards my Brother your answer is conclusive. I did
not apprehend that my Request wou'd interfere with any
System, or particular plan you had laid down, having been
induced to make it, not only from what the Govf himself
suggested, that, for want of precision in your Recommendation,
he cou'd not guess what was expected from him ; but from
what he had frequently intimated before, that had there been
no other obstacle than his Inclination my Brother's pre-
tentions wou'd not have been so long overlooked. The Gov!
having often assured me, that he had warmly recommended
my Brother as a proper person to be provided for, w''.'' seem'd
to imply, that an ulteriour Approbation was necessary, &
you having been so obliging as to signify your Disposition
to serve Him, I concluded that ev'ry Difficulty was remov'd.
These Circumstances led me to make the Application I did,
w"} tho' they may not evince its propriety, will yet, I hope,
excuse the Mistake I have committed in it. As to what
relates to ]M^ Ross &c. I shall not detain you on that Head,
presuming, however, that his situation hath not appear'd to
be materially different, from what it was supposed to be, when
you favour'd me with your Letter to the Gov!

I have been well informed of the real occasion of Ross's
leaving England.

You are pleased to observe that the Governour's Dispo-
sition is Good-nature & to Subjoin, " pay him the Compliment

228

due to his Station, & you'll obtain your Suit." If the Com-
pliment you allude to, was in making Application to him,
it has been, over & over paid, nor did I apply through any
other channell, till he gave me Reason to conclude that it
was necessary. I well know that a power to confer favours
is as necessary to sustain the Weight & Influence of a
Governour's Station, as his due Regard, in dispensing them,
to the Merit, Services, & Connections of Competitors is neces-
sary to the promotion of his Lordships Interests, & to the
Authority of his Government. When upon a distant Hint
of improper Behaviour one is put upon guessing, shou'd the
conjecture be erroneous, it is not without Excuse, especially
when, upon an Accurate Retrospection into past conduct, no
just occasion of offence, or complaint can be discover'd.

If (for I can only speak hypothetically) the Gov'" has sur-
mised any Thing to my Disadvantage, I must take the Liberty
to say, he has acted with a Degree of disingenuous Duplicity,
wl"" I never suspected him to be capable of. I have not had
the least visible difference with him. When Business or
Amusement hath brought us together ; I never perceived any
Symptoms of Disgust, or coolness in his Behaviour, on the
Contrary we have ever since his Residence here lived in a
constant Interchange of Civilities. Upon my going last to
England, there were a thousand Conjectures formed, & Re-
ports spread concerning the Motive of my Voyage, & the
Letters I reced, whilst I was there, informed me that the
Govf suspected I entertain'd Views to injure him, &, exalt
myself at his Expence. Upon my Return to Maryland it
was more than whisper'd, that my ambitious Schemes had
been defeated through the Vigilance & Address of M!^ Sharpe's
Friends, whose Representations had made so deep an Impres-
sion upon L^ Baltimore, that he even denied me an Audience.

229

There are people in the World, who can, by laying hold of an
Incident that is true, (my not having the Honour to see L^
Baltimore) dress up a formal Story with some semblance of
probability. For some time I treated this Calumny with the
Contempt I thought the Folly, & Impotence of it deserved,
'till I heard that the Tale, strange as it is, had been seriously
mentioned by a person very near the Gov!, when I thought it
was proper, if it had excited any Suspicion to remove it, &
imagin'd it had made no Impression, when he assured me
with great Complacency, that he thought himself obliged to
me for the favourable manner in w".^ I had spoke of him in
England, where in Truth I always did speak of him, as a
good-uatur'd man, & gave him the praise, I thought, his
very alert, & serviceable conduct during Forbes's Expedition,
merited, I must acknowledge, I was & still am persuaded,
that an excessive facility of Temper, or a very artfull Man-
agement, hath given some persons an Ascendant over him,
who are not his Superiours in Point of Understanding & are
infinitely his Inferiours in every other estimable Quality ; &
that this yielding hath dimiuish'd the Weight he otherwise
wou'd have had, drawn him into Inconsistencies he otherwise
wou'd have avoided, & exposed him to Censures he wou'd
not have incurr'd, if he had the Firmness to act upon his
own Principles. Shou'cl he have been induced to beleive that
the compliment due to his Station ought to be extended to all
his Attachments, & that the Insolence of a little Jack Daw,
strutting in a borrow'd Plumage, is not to be repress'd, because
he is, now & then suifer'd to deck himself out in it. We
unfortunately differ in opinion, & in this View I may, per-
haps, have offended him ; but I utterly deny that I have in
any Instance offer'd the least personal neglect, or disrespect
to him, & flatter myself you will do me the Justice to beleive

230

that, I wou'd not deny, what I cou'd not with the Strictest
Veracity.

You will, I hope, pardon this Detail ; for as it is natural
for me to conclude from the recited passage of your Letter,
that some Representation, or supposition of Disrespect in my
Behaviour to the GovT hath prevented my Brother f^ obtain-
ing his Suit, so it is natural to endeavour to vindicate a
conduct, w"? I am conscious doth not demerit any Repre-
hension, & I am as confident, wou'd meet with none, if every
Circumstance of it was candidly related, & fully understood.

It is impossible to be quite silent upon such an occasion,
tho' one is aware of the Difficulty in liitting the exact medium
between saying too much, & saying too little. A total Silence
is a Kind of Acknowledgement of the Justice of the Impu-
tation, whatever it may be, — a minute Defence ag' every
Charge, w"? Conjecture might suggest, wou'd be equally irk-
some to make, & disgusting to read, & he who undertakes to
obviate that w"^ has given offence, without being informed
what it is whilst he is sensible of the Fallibility of Conjecture,
he cant but apprehend, in such a state of Incertainty, that
he may not have done enough, after he has done what he
imagins to be, most probably, requisite. Had I been directly
charged in any Instance with improper Behaviour to the
Gov! I shou'd have very little Scruple in applying to him
for his Grounds, & I believe as little Difficulty in giving
satisfaction ; but I did not think myself at Liberty to take
this Step upon the Hint contained in your Letter.

The Anonymous Letter you mention to have been publish'd
in one of the daily papers, is, I presume, the same we have
had here in the Novf Magazine, undersigned R. B. supposed
to be the initial Letters of Richard Brooke's name, tho' he is
not believed to be the Author. I have sent you a Pamphlet,

231

vf'^^ was deliver'd by the Door-Keeper of the Lower House
under a Cover addressed to Each member of the Council.
From whose Quiver this Shaft came is not at present Known.
Something of the Kind was long expected, & I suspect was
sent, when I was in England, to M!" Anderson under a Di-
rection to My Franklin, who, I believe from many Circum-
stances hath been concerned in the Composition. The Diction,
or Style of it is very much like his — it was printed at his
Press. In a late Publication, w*? he is known to be the
Author of, there appears a great Resemblance of the Remarks.
His schemes in Pensylvania are very correspondent with the
general Spirit & Design of this Piece. These Circumstances,
indeed, afford only a presumption, but I think it is enforced
by this consideration. The Language & manner of this
Pamphlet is so very unlike all the contraversial Messages
from the lower House, that there is no Reason to infer the
Author of it has been concerned in any of those Messages.

The Message remarked upon, w'^I' it seems was penned by
M'" Bordley, was sent from the Council in 1762; but the
pamphlet does not really answer it ; for this Message, refer-
ring to another, for the objections to the Assessment Bill, in
1758, made the Message of 1758 part of itself; but to the
objections contained in the Message of 1758, the Pamphlet
doth not attempt an Answer. It asserts, indeed, that the
Bill in 1762 was different from what was proposed in 1758;
but this is gross misrepresentation : for th6 there were some
unessential variations from the Bill of 1758, yet the plan was
the same, & all the most exceptionable parts of the Bill of
1758. upon w''.'' there was a Conference between the two
Houses, were retained in the Bill of 1762.

When the Lower House called upon the Upper for their
objections to the Assessment Bill in 1762, as if they really

232

M'ere ignorant what They cou'd be, altho They had been before
the Subjects of a long Controversy, it provoked some iVsperity
in the Answer. I penn'd all the Messages from the Council
relative to the Assessment Bill, 'till 1762. when I was in
England, & Know that those Passages of the original Assess-
ment, against which our strongest objections were pointed,
the Lower House literally transcribed into every subsequent
Assessment Bill to the last.

The whole Art of the Pamphlet consists in taking Advan-
tage of some unguarded Expressions in the Message of 1762
thrown out in the Ardour of Controversy, & in representing
the Upper House to have been actuated in their Rejection of
the last Bill, by motives they dared not to avow, & to bring
to a publick Discussion, th6, really in EiFect, the Upper
House, by referring to the Objections of 1758 made them
over again in 1762, w".^ was not very improper, since the Bill
of 1762 was essentially the same with that of 1758. The
Affair being view'd in this just Light, it will appear too that
many of the Reflections in the Message of 1762, being relative
to the proceedings of 1758, do not deserve the Imputation of
unfair Dealing; with the lower House in 1762.

There is a matter very plausibly, but very unfairly repre-
sented in the Pamphlet. I mean the Agent-Bill. In truth
there never was a Bill framed in the Lower House for the
Support of an Agent, w"'' the Promoters of it, seriously,
expected wou'd pass into a Law. Any one, however, unac-
quainted with our Politicks who shou'd peruse this Pamphlet
wou'd be induced to conclude, that au Agent had always been
refused, by the Upper House for no other Reason, than to
prevent an Examination into, & Redress of the Oppressions
& Aggrievances of the People by his Majesty in Council ; but
if any of the Agent-Bills rejected by the Upper House are

233

inspected, it will appear, the Upper House had other Reasons
for their Dissent, among which, is this very strong one : They
contain Reflections upon the Upper House, & impose a Tax
upon the property of the Members of it, in order to support
an Accusation against them, without allowing them any share
in the Application of any part of the money in their Defence.
The State given, by the Pamphlet, of the Agent-Bills is
very consistent with all the proceedings upon that Subject ;
for the Questions, as they are put upon these Bills are pro-
posed so captiously, that no Member can vote in the negative,
without voting directly against the Appointment of an Agent
at all Events ; & this is the Reason, there is seldom a Division
in the Lower House upon any of them, because the Friends
to the Government can't divide, without seeming to adopt a
Principle, which the Government hath always disclaimed. It
was said that an Answer was preparing to the Remarks with
the Assistance of Mf Bacon. He is an ingenious Man, &
well acquainted with the springs of our Political Disputes,
& I think that, by recurring to former Proceedings, a great
Deal will be fouud done to his Hands. You will have heard,
no doubt, before this can reach you, of the Application from
the Assembly of Pensylvania to his Majesty for a Change of
Government. My Franklin is at the Head of the Faction
who desire the Change, & has had the Address to draw the
principal part of the Quakers into his Measures, th6 evidently
opposite to their Interests. The late Dispute between the
Quakers & Presbyterians, occasioned by the Destruction of
the Lancaster Indians by the Latter, hath risen to such a
degree of Animosity, & Rancour, that the Presbyterians, tho
always heretofore warm Advocates for a royal Government,
are, from a principle of Enmity to the Quakers, become
Friends on this Occasion to the Proprietary Party, & if the
30

234

German Emigrants settled in that Colony, who are very
numerous, shou'd be induced, from a Similarity of situation,
& a Sympathy of relligious principles, to unite with the Pres-
byterians, as one wou'd expect, there will be a great Majority
in favour of the present proprietary Government. Franklin
in a late piece intimates that there will be some Attempt in
this Province to shake off his Lordship's Government, & a
similar Passage occurs in the Remarks. There has been no
meeting of our Assembly this year, nor will there be any,
'till after a new Election, & therefore it is probable the Fate
of the Application from Pensylvania will be determined before
any can be made from Maryland, shou'd it be attempted, wl^
I very much doubt, th6 our party Dissensions run higher than
ever I knew Them.

I entirely agree with you that Lord Baltimore is, in all
Reason Justice, & Equity, intitled to a fine upon every
Alienation, & presumed that his Lordship deem'd this a
very important Branch of his Revenue, w"^ it indubitably
is. To secure it was my object, & that I have failed in my
means to attain it, can be ascribed to no other cause than
the workings of Malice, & the Intrigues of Envy. If his
Lordship can at present enter upon the non-payment of the
Alienation fine, the Amendment proposed by the Upper House
to the Bill for a general Registry of all Deeds was at least
unnecessary, & the Bill, consider'd only in the Light of
pointing out when a forfeiture shou'd be incurred, & upon
whom the Entry shou'd be made, was very beneficial to his
Lordship. You observe that You can't conceive how the
Amendment shou'd cause the Miscarriage of the Bill.

Whether it did or not, is a mere question of fact, & there
is the clearest Evidence to determine it upon : for the pro-
ceedings of the Assembly shew, that the Bill was originated

235

in the Lower House, & sent thence to the Upper ; that it was
returned from the Latter with the Amendment ; that upon its
Return to the Lower House, the question was put upon it, &
it was there rejected. Thus the fact is establish'd beyond all
Possibility of Doubt.

Whenever I have mentioned this matter to you by Letter
or orally, you must recollect that I always intimated my
Apprehensions &c. & when an Event hath happen'd w"!" those
Apprehensions predicted, there is a presumptive proof at least
that I have not been rash in charging the Miscarriage of this
important Bill to a motive very different from an honourable
one, or what a Regard to his Lordship's Interests wou'd
have prompted. As my Apprehensions had arisen from
Experience & other Occurrences, so is my Opinion founded
upon a direct, as well as presumptive proof; for there is
an Indiscretion attending the Success of petty Intrigue, w'^?
frequently betrays the Springs of it, & so it happen'd in
the present Instance.

You are pleased to ask why shou'd his Lordship's Alien-
ation-fine be in a manner left a stray ? I must answer, that
it wou'd have been effectually secured & that the proposed
Law wou'd have been advantageous to his Lordship in other
Respects. How this Purpose wou'd have been effected, my
former Letters, & conversation have explained. But still it
may be ask'd, why shou'd there not be a direct clause com-
pelling the payment of the Alienation-fine? To this I answer,
because the Lower House, as I foresaw, as every man upon
the Spot knows, & as the Event hath proved, will not pass a
Bill with such a Clause. Here another Question will arise
not so easy for every one to answer — why shou'd the Bill,
w*? the lower House had passed, securitative of so important
a Branch of his Lordship's Revenue be alter'd, when nothing

236

less from the Alteration coii'd really be expected, than the
total Miscarriage of the Bill ?

You observe that 3 successive Attorneys General have con-
curr'd in Opinion, that L^ Baltimore hath a good Right to
the Alienation fine &c. ; that he does not want an office ; that
the Land falls to him by Extinguishment of the Tenure.
Permit me to remark that the present Subject is the AIu nation
fine, & not his Lordship's Title to Escheats propter Defectum
Tenentis, to which part at least of the above Opinion seems
applicable. I am convinced that my Lord hath a most equi-
table claim to the Alienation-fine ; but upon what principle
He can enter, if it is not paid, or how the Statute of Mort-
main of the 7'!' Edw. 1^.' can be applied to this Topick, I
can't conceive. By the Abolition of Tenures in the Reign
of Car : 2f the Fines w"? attended them were abolish'd too
& the Alienation of Land in England, from one private person
to Another, is not restrained but by the provisions of particu-
lar Deeds, or by particular local customs.

The prse-fines. King's Silver & post-fines due upon the
levying of Fines in the C. B. stand upon a different Reason
from his Lordshijj's Claim to an Alienation fine upon all
Conveyances of a Fee in virtue of a Clause in his Patents.
It is this Clause which gives his Lordship's Right ; by this,
I apprehend, it may be supported, & he must rely upon this
provision in his Patent, for more Reasons than can now be
explained.

I know that opinions have been given upon this Subject by
Sir Geo : Treby, & afterward by Sir Dudf Ryder ; but neither
of them apprehended, his Lordship cou'd enter upon non-
payment of the Fine, or that a forfeiture of the Land was
incurred thereby, & I always took this to be a clear Point.
No one here has ever thought it necessary to erect a particular

237

Office for the Receipt of the alieDation-fines, tho in Eifect
his Lordship hath an Office here, for that purpose — I mean
the Agent, who has Deputies in every County. Some, indeed,
have thought the Finding of an Office necessary to intitle
Him to Land by Escheat ; but I think they are mistaken, &
the Opinions of Sir Geo : Treby, & Sir Rob', afterward L!
Raymond, are against them.

If, nevertheless, his Lordship hath a Right to enter, & a
forfeiture is incurred by the non-payment of the Alienation-
fines, he has sufPer'd extremely by the neglect of this Remedy.
It is a plain, easy & effectual one ; but I thought & indeed
still am of Opinion to the contrary tho I shou'd really be
glad to be mistaken.

I Hope I shall not be understood to argue ag' his Lord-
ship's Right with a View to injure it, my Intention being
very different. In Truth, I suspect, the nature of his Right
is not distinctly, & accurately perceived, wl"" it ought to be, that
some competent Course may be taken to establish & secure it.

Be pleased to observe that, when the clause in the Patents
relative to the Alienation-fines was originally framed, it was
necessary to record all Conveyances by the Laws of this
Province ; but these Laws have been long since abrogated,
& the necessity of recording any other, than Deeds of Bargain
& Sale hath ceased, th6 the Form of the Clause is still re-
tained ; wherefore, as the peculiar Circumstances to which it
was intended to adapt the clause, when it was first framed,
have varied, it is not, at this Time, so suitable to the purpose
of it, as it was originally ; but if a Law were enacted com-
pelling the Enrollment of All Conveyances, those Circum-
stances wou'd be revived. If this State of our Laws be
not adverted to, there will appear to be great Confusion, &
Perplexity in the clause.

238

The fines upon Bargains & Sales used to be regularly paid,
th6 it is now said, that these Fines have lately not been paid.
If the Fact be really so, there has been most egregious neglect
in suiFering it ; but I much doubt the Fact & suspect that
they who have asserted it speak only of Mortgages, and do
not distinguish between Bargains & Sales, & other Deeds.
In every Instance of a Default of Payment, it can be most
easily discover'd ; for the clerks of the Counties, & the Clerk
of the Provincial Court return annually a List of the Alien-
ations recorded in their respective Offices, & if that List be
compared with the Account of the Fines received, surely it
can't be difficult to ascertain, who have not paid.

Give me Leave to state the Matter, as it arises from the
Patents. If his Lordship has already received Satisfaction
f™ the Opinions of his Council, it can be of no prejudice,
& may be laid aside as useless. The Clause runs thus.
" Yielding & paying therefore &c. the Pent &c. & for a fine
upon every Alienation of the Land, or any Part or Parcel
Thereof one whole Year's Rent, Provided that if the said
sum for a fine for Alienation shall not be paid &c. before
such Alienation, & the same entred upon Record &c. Avithin
one month after such Alienation, Then the said Alienation
shall be void & of none Effect.

A man seized in Fee, in virtue of a Patent, conveys to
.another in fee. the Grantee refuses to pay the Alienation-fine
reserved in manner aforesaid.

Q™ can Lord Baltimore enter into the Land convey'd
claiming it, as forfeit'd upon Non-payment of the Alienation-
fine, or hath he any other, & what Remedy to recover the
said Fine?

The Alienation fine is as much a Part of the consideration
of every Patent, as the Caution-money, &, the Rent reserved ;

239

& I make no doubt but the Chancellor wou'd, upon Applica-
tion to him, decree the payment, & one or two Examples
wou'd prevent future failures. We have many Precedents
here in similar Instances, & our own precedents will always
be regarded, besides the Equity of the Claim. Is it not
evident that if all Conveyances were to be recorded — but I
will trouble you no more on the Subject. I thought it of
great moment to my Lord, & have therefore been very anxious
to improve this Branch of his Revenue & this persuasion
hath, perhaps, led me to say more than enough already. I
must confess that it is some Mortification to have my well-
meant Endeavours defeated, & that I have too much Sensi-
bility to be able to suppress ev'ry Emotion of Indignation,
when I perceive the Artifices of Envy have been palliated
under a Profession of more laudable Views. We have lately
got into a strange notion of Departments. It is common to
hear it said, such a proposition ought to be rejected, because
it doth not belong to his Department. Whether these Ideas
may as certainly advance his Lordships Affairs, as they are
apparently calculated for other Purposes, I shall not say ;
but I conceive that it is within my Department, by w"i' I
mean, my Duty, to represent from a principle of Gratitude &
faithfullness, what I am persuaded is worthy of Attention, &
to point out the measures to accomplish it with plainness, &
Sincerity. If unwittingly, I offer anything of a different
Tendency, I shall always be ready to retract my Errors, as
soon as I perceive them.

What you was pleased to observe in respect of the Ordinary
Lycences was set forth, as I find by my notes, in a Message
from the Council in March Session 1755, to w*? I cou'd not
be a Stranger. If that Message proves his Lordships Right,
it does more, I have reason to say, than the Author of it

240

imagiu'cl. The matter is now at large, there being no Act of
Assembly in force relative to the Subject, & if his Lordship
is really intitled to the Benefit of the Lycences in virtue of
any Right springing out of his Charter, Measures may now
be taken to assert it : for there is not a maxim better estab-
lished among the Professors of the Law, or more evidently
deducible f" the principles of common Reason than this —
He who hath a Right to any thing is intitled to a Remedy to
recover it, if withheld ; legal Right, & legal Remedy being
convertible Terms.

As my meaning was purely to give you Information, & to
apprize you of what is to be expected, I shall not pursue the
Subject any further, & especially as in stating, explaining,
and applying the Precedents you refer to, & some other rela-
tive to this Topick, my Letter might seem to catch something
of a contraversial Air, very unsuitable to the Correspondence
you have honour'd me with.

You have been very rightly informed that there is no
establish'd church in Pensylvania, & that the Support of it
in Maryland is a disagreeable Burthen to the Dissenters, who
are at the Expence of Maintaining their own Clergy, or
Teachers, besides contributing to the Stipend of the parochial
Clergy. What is paid to these by the Professors of the
establish'd Faith, is paid without Reluctance, except where
a profligacy of manners or extreme Ignorance hath marked
them out, rather as objects of Detestation, or Contempt, than
of Reverence, or Regard ; & I have the pleasure to observe
that these Instances do much seldomer occur now, than they
formerly did. The objection to the Clergy's Dues being
confined principally among the Dissenters, is not so great
an obstruction in the People of this province, as it may be
supposed to be, tho' without Doubt it is some Disadvantage.

241

Exclusive of the 30 "^ Poll, the weight of Taxes is much
heavier here than in any other Colony, & therefore Lauds
of similar Quality must be less valuable. His Lordship
grants his Land in respect of his caution, or purchase money,
& Rent, at an easier Rate than Mess" Penns do, in many
Instances, thd at a much higher, than in the royal Govern-
ments; but yet if an exact Estimate were made, it wou'd
turn out I suspect, that the Taker up of Land pays more for
it in Maryland, than in Pensylvania. The seeming Paradox
that L^ Baltimore receives less for his Land, than Mess?
Penns do for theirs, & that yet the Purchaser from the former
pays more than the purchaser f? the Latter, is easily ex-
plained. Very little is paid in Pensylvania beyond what is
received by Mess'".' Penns, a great Deal is paid in Maryland
beyond what is received by L^ Baltimore. Petitions, Draughts
of petitions, orders, Warrants, Renewments, Recordings, Sur-
veys, Journey Fees, Platts, Certificates, Recordings again,
Examiniugs, Patents, Recordings again, Seals, to say nothing
of Perquisites, contingent Hearings, & Lawyers fees, are very
expensive in Maryland. If it be consider'd that the Fees
charged by the Judges or Registers of the Land-office, Sur-
veyors, Examiner, Clerks, Chancellor, amount to an annual
sum of at least, by the most moderate Computation, Half a
Million of Tobacco (w"_^ if denied may be easily proved) it
may be well conceived, that there is little Room left for his
Lordship to add to the Caution, or Purchase money.

It is nothing to the Taker up of Land to whom he pays,
whether to my Lord, or to his Ofiicers. He will only consider
what he can aiford to pay, & it is certain that the more he pays
to the Officers, the Less he will be able to pay to his Lordship.

His Lordships other Officers are paid by the People ; but
the Judges of the Land Office, and the rest who are concerned
31

242

in respect of his Grants, are paid actually out of his Lord-
ship's Pockett, as may be collected from what I have said.
When the Inspection Law first took place & the Assembly
were for applying their pruning Knife to the Fees of the
Land-office &c, they were told, that this office was peculiarly
his Lordship's; that, as he might demand what he pleased
for his Lands, so might he regulate these Fees, as he thought
fit ; that it was nothing to the People, it was not a publick
office to which They were obliged to apply, it being in their
option whether They wou'd take up Lands, or not; that
the Fees were to be consider'd as part of the Terms of the
Purchase, w*^!' my Lord, had a right to fix. Hence it hap-
pen'd that the Fees in the Land-Office are so much higher,
than in any of the other Offices. I am of Opinion that, in
the present situation of Things, his Lordship wou'd effectually
put a stop to the Business of the Land-office, shou'd He raise
the Caution-money, unless some method be fallen upon to do
it, without increasing the Expence to the Purchaser, w".*",
without Doubt, might be done.

In a few years there will be very little vacant Land, &
therefore there will be probably more Attention bestow'd
upon the Improvement of the manors, or reserved Lands.

Every Gentleman who lets out Land in this Country,
knows, how difficult it is, with the utmost Care, to make
any considerable profit by that scheme, & how impracticable
it is, to get an annual Rent equal to half the Interest wl"^
wou'd arise from the money, for which the Land wou'd sell,
or to prevent the Abuses of Tenants in the Commission of
waste. They who have children to provide for, keep their
Land with ^ that view, it is a kind of property less slippery,
than money is, in the Hands of Young or Imprudent People,
& moreover, every one here follows the Business of plantings

243

or farming who is not of some profession, engaged in Com-
merce, or imployed in office. If Landlords on the Spot find
little profit, & suffer much from waste & Destruction of
Timber, it may be easily imagin'd, that his Lordship finds
less, & suffers more.

If his Lordship shou'd on a consideration of all circum-
stances, be inclined to sell his reserved Lands, I can see no
Reason why he shou'd not get as good a price, as any private
Gentleman Avou'd do, for Lands of the Like Quality, & still
add to his Revenue by a Reservation of the common quit-
rent, & Alienation-fine. It is true that Purchasers, able to
pay down large sums, do not offer every day ; but there are
many able to pay part, & the Land might be engaged, with its
after Improvements, for the Residue ; & to prevent Jobbing
by low Sales, it might be limited that no Land shou'd be
sold at a less Price than e. g. 20/. ster! "^ acre. If it be a
fact, w*? no one can controvert, that the Rent even when
punctually paid, falls short considerably of the Interest of the
money for which the Land wou'd sell — if his Lordship makes
less Profit by his Leases, & suffers more from the abuses of
waste, & the Destruction of Timber, than other Gentlemen
upon the spot generally do — if He loses the quit-rent, & the
casual Profits of Alienation-fines, & Escheats by reserving
his Lands, a loss to w"}' Others are not subject — it wou'd seem
that it wou'd redound more to his Benefit to sell, than retain
them. It is true Land may rise in its value; but of that
there is not a very near prospect to those who reflect what
immense Tracts of Land are now to be settled in America in
Consequence of our late Acquisitions, & that Land like every
other Commodity is valuable, or not, in proportion to its
Plenty, or scarcity & must rise very considerably indeed, in
the Course of twenty years to compensate for the Loss of the

244

above Interest, the common quit-rent, tlie Alienation-fine &
the chance of Escheats in the mean time.

I do not presume to recommend this scheme, or any Regu-
lation of the manner in making Grants, I have only hinted
what I imagine may be very well worth considering, if it
shou'd be thought worth Notice, it might not be difficult to
digest the whole into a methodical Plan & the means of carry-
ing it into Execution might be pointed out.

Tlie Affair of a Tax upon the Colonies is extremely delicate,
the Extent of their Intercourse with Brittain depends upon
their mutual Interests, they will be supplied with brittish
Manufactures as long as they shall pay for them, & They
will call for this supply as long as they shall find it more for
their Interest to import, than set Them up in America. This
is the Band of the Correspondence. Ev'ry shilling gained by
the American Commerce hath centred in Brittain, & fallen
into the Pockets of the brittish Merchants, Traders, Manu-
facturers, & Land-holders, & it may therefore be justly called
the brittish Commerce. If their Commerce is contracted &
rendred less profitable to the Americans, the Less they will
have to lay out in Brittain & consequently the less will be the
Importation of brittish Commodities. The less the Impor-
tation, the dearer will the Commodities be, & the dearer these
become, the less will it be for the Interest of the Americans
to be supplied through the old channell, & therefore the more
will it be for their Interest to establish an interval Supply,
for which they have ample Means in their power. Every
Tax, or Burthen, however imposed, laid upon an American
Consumer of any Commodity, will operate as effectually as
a Bounty to encourage the making of it, the Saving of
any given Sum being equal to the Receipt of it ; but as
you observe, this is a matter to be submitted to our great

245

Superiours, who I hope, understand the affairs, & connection
of America with the Mother Country, much better than some
of their Predecessors in high Office have done.

The Act of Parliament, prohibiting all further Emission
of Paper in America, to be a Tender, in Payments, hath been
published here.

The Currencies of the Colonies were under the Consider-
ation of the House of Commons some years ago, & the late
L^ Baltimore, who was then a Member, observed, that the
paper money of Maryland being No Tender in discharge of
Sterling Debts was not liable to the objection made to the
other Currencies ; & means, adequate to the End of sinking
it, having been provided, it was not obnoxious to any just
Censure. M^ Pelham was of the same Opinion & declared
that our paper money Act was quite unexceptionable. Rich
People have, I believe, made an Advantage of the Depreti-
ation of our money, for They foresaw that it must, from the
Stability of the Funds, regain its Credit, & therefore invested
a good Deal of their property in this Kind of money ; but the
real Cause of the Depreciation was the method taken to put
it into Circulation, for this purpose it was given away, & the
old Proverb, Lightly come. Lightly go was strongly exempli-
fyed. Men who have the Command of money in Maryland,
as well as in England will endeavour to make Advantage
of it, & there is no preventing a little Stock-jobbing in the
fornier any more than in the latter place.

You must have been misinformed with respect to the State
of our Currency, the Circulation of it was limited by the Act,
& therefore no Creditor was obliged to receive it in Payment,
when the Debt was contracted in another Species, & it was
limited, to prevent the Injury w"? might arise to sterling
Creditors, & especially to L!l Baltimore & the Merchants, &

246

therefore the Evil the Parliament intended to remedy by the
late Act in the Article of Tender was not imputable to Our
Paper money. We can no more do without the Circulation
of paper in America, than you can in England, and therefore
th6 Acts of Parliament may prevent our emitting Bills of
Credit under one Denomination, we shall have a paper Circu-
lation under another, if not under a publick Law ; it may be
upon the Bottom of private Security. The old Course may
be stopped, but a new Channell will be made, the Impor-
tation of english money is prohibited by Statute, & much
more effectually by the Ballance of Trade being against us.
The late Act of parliament respecting the Commerce of the
Colonies, & the Cruizers upon our Coast, will obstruct the
Trade of the Northern Provinces to that Degree, that the
Importation of foreign money will be extremely diminished
& we have been pretty well drained, by our Remittances, of
Spanish Silver. In about 18 months, or two years, 1800,000
Dollars have been remitted to England from Philadelphia
alone. Some Medium of an internal Intercourse we must
have, if our old one is demolish'd another will spring up in
its place. So inventive is necessity, that it must ever prove
an over match for volumes of Statutes — it is no sooner hunted
down in one shape, than it assumes another.

It must be confessed, that there have been great Abuses
committed in America, particularly Virginia, in their paper
Emissions ; but is the Limb to be at once amputated, before a
milder Application is tryed, because a sore appears upon some
part of it?

The wisest Legislators are often mistaken, the Parliament
of England are often, very often, mistaken, even when the
subject of their Deliberations is relative only to the internal
Police of that Kingdom, wl*" it may be presumed, they have

247

understood, as well as the Affairs of America. The number
of Additional, explanatory, Supplemental, contradictory, per-
plexed, & repugnant Laws, w"!^ abundantly occur in the Stat-
ute-Books, irrefragably evince the Truth of the observation.

I have informed My Holliday by Letter, that if a Vacancy
shou'd happen in my Time, your Recommention letter secured
his Appointment to the Clerkship of Talbot County.

Some months after the Death of Ballen, one of the Com?
of the Loan Office, the Govf offer'd to appoint my Brother in
his stead, v/"^ he declined as some others had done before
him. The accumulat'd Load of Business to be done, at this
time, in the office, the very short Duration of the Commission,
& the Expences of a Re-election were sufficient motives for
what he did.

My Key, one of his Lordship's Council, died lately very
wealthy. I have the Honour to be, with great Respect

S": your most obedient
obliged humble Serv!

DanV Dulany
10'_^ September 1764—

P. S. My Brice the present clerk of Ann Arundel County,
who is in a very infirm state of Health, hath applied to me,
to appoint his Son in his place, & I expect will write to you
upon the Subject. Others likewise under the same Circum-
stances have made a like Application. Your favour to My
Tilghman hath been some Encouragement, I suppose, to these
Applications, these are a kind of reversionery Appointments,
& may be detrimental to my Successor, & therefore are really
not quite fair. If the matter is left to me, I shou'd be rather
'backward in it. However if you shou'd be inclined to favour
My Brice, or the others, your Recommendations shall have

248

their due weight. MT Tilghman's wife is as I understand, a
Relation to jour Family, & his Life to all Appearance a good
one, & therefore I reeed from him no other than a verbal
Acknowledgement; but I shall take it for granted, unless
you intimate the contrary, that M' Brice's Case, shou'd you
be inclined to have his Desire complied with, is very different.

SECRETARY CALVERT TO GOVERNOR
SHARPE (?)

[Land Business. Boundaries. Licenses.]

London Janv the 16* 1765
Sir,

I have auswer'd by former Letters some concerns of your
Letters received from you, since August last, and now inclose
you his Lordships Instructions to the main Points of your
desires — The Instructions of the sale of the Manor Lands.
The Purchase Money is from Opinion of M! Daniel Dulany
to my Lord, the Quit Rent proposed. Five shillings pro rata
hundred Acres, as these Lands are picked Lands is judged
moderate ; if these propositions are Errors, yours and the
Gentlemens Judgements will rectify here such Error, which
you'l receive by return. The Instruction of the Alienation
Fine is what the Proprietor will adhere to, as founded upon
undoubted Equity his Due; A Tryal here before the Lord
Chancellor would evince that. By intelligence from the
Province, M"^ Lloyd is accused of neglect of the Alienation
Fine, in suffering the County Clerks omissions in Acco'.' non-
payment, this is easily rectifyed as the Provincial County

249

Courts where such matter must stand recorded can prove evi-
dently the wrong if true? the Clerks deserve no favour, I
have admonished Ml" Lloyd thereon, when you meet, hint to
him as from hence. The Instruction to Attornement of Ten-
ants in the disputed Parts, the Equitable Terms must facilitate
their attornement. The Limit Lines when compleated, by
Petition of both Parties to the King will receive his Majesty's
Authority as fixed Boundaries between Maryland and Pensil-
vania to each, as to Dominion. By your Letters of the Limits
now running, the Mess? Mason and Dixon the Mathematical
Surveyors have carry'd on their operations Quietly ; I learn
from you and them the Tangent Line twelve miles West the
Circle round New Castle City is finished from the meridian
Line South from Fen wick Island. My Compl'.^ to them for
their intelligence ; and am Glad to hear of their health, and
that the Swamps of Nanticoke Hiver has not hurt their Con-
stitutions. Their next operation is the North West Line
between the Provinces ; it is there his Lordships Gain will
compensate his Loss by the Tangent Line at the Circle round
Newcastle. That North West Line truly run, will give
advantagious Territory to Maryland, therefore watching Eyes
must trace that Ijine West to the farthest Limit as of Alti-
tude, for a Line drawn to the Meridian Springhead of Potow-
mack River South, the South and West Boundary between
Maryland and Virginia, according to the Flow of the River
Potowmack. The Instl' on behalf of Water Dulany I hope
will suit, I Question ? tis the Elder and Ml President Tasker
that causes that favour. The Elders' Behaviour in the Upper
House you Cite, surprizes me not, I am sensible M\ Comissary
Bordley is check to him, but I suspect His Popularity, a
character too often assumed to Controul Authority by the
Gain of Applause, Vox Populi, and so by Reprehension of
32

250

Piiblick Actions, affect Popularity aud Applause amongst the
Multitude, by which they may have a Faction in the Common-
wealth at their Devotion. If his Votary is M'" Franklin of
Philadelphia that Mock Polititian is arrived here freighted
with all Injury against his Chiefs who he is indebted to for
Friendship, which his Aifected Popularity renounces ; he has
unbudgeted at our Political Warehouse the Craft of his brain
and of others his Dupes. Their false Machinery is flimsly
and of Base Metal, is said refused at our Polemical Warehouse
not sterling. The Quack Cheat cuts a Puff in his Chariot,
Eats and well entertains with our delicases, the derision to his
Dupes, he whispers. Complaints from Maryland, but as He
has met with check about his Mission of others, tis appre-
hended he will not unbudget exparte folly, rather that he will
pocket their coin, under pretences that at this time their
Polemical Fantasisms will not ripen in this Climate. They
had best remonstrate to his Lordship, or join in a Bill of
allowing the Up^ House equal expences to be paid with the
Lower House for Tryal before the King, tis right the Upper
House to frame such a Bill ; if refused be it upon the Lower
House — By this opportunity, you have an answer to the
Queries on our Proprietary Government; and an answer to
the remarks upon a Message sent by the Up'' House to the
Lower in Maryland in 1762, containing a defense of the Lord
Proprietor and Vindication of the Up! House &c. the answer
has only been circulated to our Ministry of the Cabinet, as
answer to the Queries aud Remarks secretly delivered to
them ; the answer is approved, if the adversaries pass silent
other Publick notice here, all further Prohibition by the
Defendant will rest ; leaving it to your prudence the circula-
tion of answer with you, as matter and motion Jumbles, My
Name must be unnoticed.

251

The Inst" of M'" Holyday, I wish Joy of his Lordships
high favour to him as of the Council ; I think he has real
merit for that Station, and that he will be grateful to my Lord.

The Inst! of the Lord Proprietor Assent to the several
Acts of Assembly, you will observe, The Act, for the Re-
lief of Creditors in England against Bankrupts — " who have
imported Goods into the Province not accounted for ; '' that
Act is not included by his Lordship among his List of Acts
assented to by Him, Why ? because he is not clear in opinion,
but that the Traders here may have objection as not apprised
of that Act ; if no Objection arises, the Act as Enacted has
its force, if Objection is, he thinks it right Policy to reserve
to himself his Assent or Dissent. I observe the Legislator
deals forth Acts, Indefinite and Perpetual, very Positive
Words ; such Laws ought to be pure as Gold ; by Human,
I fear, scarce any such Laws are, therefore much care about
such words should be as they are Periods ; all Plants are
improved by Pruning.

I cannot at present relate about his Lordships Points to
you, concerning the ordinary Licences &c. that matter laying
before Ml Yorke, esteemed the chiefest Counsel at Law, his
Eminency causes so much resort to him tis long 'er his
opinion issues. The matter he had the beginning of Dec^
last, I expect daily his opinion from thence his Lordship
will found his Resolutions on the Subject matter of Ordinary
Licences, and as no Ship is yet for the Province, I am in
hopes it will be inclosed in this Packet for you.

Tis Surprise the Lo. H. attempts upon the Proprietors
Rights, sans complaisance, without any remonstrance to him
to oifer to pass a Bill on his Rights and for his signature,
very familiar, to an Object of high Rank and Authority. I
observe an Observation is marked ; " He who hath a Right

252

to any thing is iutitled to a remedy to recover of it, if
withheld, Legal Right, and Legal Remedy being convertible
Terms." If Institntes of onr Laws report right, the Common
Law and the Crown Law are not two different Laws ; though
almost in every case the Law for the King is not Law for the
Subject. The King has his Prerogative in all things that are
not injurious to his Subject, and under \vhich head his Royal
Charter hath Claim and Support. The Law as to Property
and Suites I am not Lawyer to determine, but this seems,
that the side observed against has Claims, the other side
cannot have any Claim but by an Express Law. The late
Lord had 1000£ of Tobacco for Licence of Ordinary in
Maryland and 500£ of Tobacco for Licences in the Country,
without retrospect back to Csecilius Lord Baltimore, who if
I am informed right, had two Thousand Pound Weight of
Tobacco as Licences for Ordinaries, suppose the Penalties
are acquiesced to as offer'd and expected.

I am Glad to observe this Instant, by the Loudon Gazette
Jany the IB*!* by Major General Gage to the Earl of Halifax
New York the 1 3'^ of December last, advises, that the Regular
and Provincial Troops under Colonel Bouquet having been
joined by a Good-Body of Volunteers from Virginia and
others from Maryland and Pennsylvania, March'd from Fort
Pitt. The March of the Troops, threw the Savages in the
greatest Consternation. They were told that they might have
Peace, but every Prisoner must be delivered up. That they
must appoint Deputies to go to Sr William Johnson to receive
such Terms as should be imposed upon them. The Indian
Nations submitted, and appointed their Deputies to go to
Sy William, who concluded a Peace with them. Colonel
Bouquet's Conduct is greatly applauded, and tis hoped a
General Lastino: Peace is concluded with all the Indian

253

Nations, who have taken up Arms against his Majesty. This
is brave and Good News, and now all other animosities would
cease, whose fault? But the British American rancour, which
sends sort of Ambassadors to fix by their Calumny their diss-
obedience to God, the King and to their Neighbour. Brag
may be a Good -Dog, but Hold fast a Better. The Mother
Country will hold them fast.

I shall here drop all Polemical Matters, My hearty wish
is that all Discord may be removed and that fair Dealings
may lead to Quiet and happiness his Lordships wishes are
Union and Equitable Proportions of things to him ; he sends
you his best Wishes and thanks for your Endeavours for his
service and the Province and for which he holds you in high
Estimation and Friendship.

I am with all respect and Esteem, Dear Sir

Yours most sincerely &c
C^cil! Calvert

Pos! Feb^ 9*? inclosed is the Inst'if and his Lordl^ Lety ab'
Ordinary Licences & the Ins".^ and Let!' speaks fully in Point,
I doubt its giving content, the suspending clause you have
in yT Public Inst"" at any time to resort to. if the lust" is
not comply ed w'.'', you are clear oiF from Assent, the wrong-
measures and proceedings of the Colonies has brought on them
here the 7'!' Ins* a Bill upon ways and means, the House of
Coriious resolved that a Stamp Duty of 3^ sterling charged on
every skin of Parchment, Vellum on which shall be engrossed
written or pointed any declaration &ct in any Court of Law
within the British America. Last year the first stone was
laid, this year another, and will be succeded by every Min-
isterial Builder untill the whole American structure of their
folly is by the mother Country compleated on them, the

254

Comons was full, but uot a Member ag* a Taxation on them
nor an Advocate that could or did offer a better scheme. The
Maryland clause of no Taxation on that Province was Read
and observed upon contained in its Charter. The Argument
made use of that province upon Public emergency is subject
in like manner with the rest of the Colonies, for if that Doc-
trine was to be admitted, the soveranity over that Province
would cease, for as that province was in Protection under the
Mother Country that Colony must pay for its defence pro
rata, inter als. Math the other colonies, that if objection was,
why a Duty on its Staple of Tobacco and subject at present to
several Acts already passed on all America, since the grant
of that Charter. No advocate denyed the reasoning the whole
House was silent in answer, the Marylanders may argue, their
Tergiversations will not avail ag' the Lex Parlamenti. the
stamps are to be from hence, they must admit them and use
them or their Deeds &c! will be in Law Null and Void,
the Authority will stamp Evidence to their Actions and pre-
vent forgery by alteration of Dates &c!!:

The Sec?' of States warr'.' ag* Mr Wilke's was debated untill
five in the mor? in the Comons after all Debates the Majority
was 30 a head of the Minority that as that aifair was in the
Lower Court of Law not determined the Coinons voted no
Issue with them on that aifair until had determination issued
by the Court of Law. M'" Frauklyn charge des affairs from
Peusilvania, resides and lives well at their cost and will I
learn return them their rancour and folly to amend, he looks
much down — Lord Byron has slain a M^ Chadworth in a
Duel by what I learn fairly according the violent rules of
Duelling, this causes a Tryal at West'' and averts malevolent
Politicians at present in discourse. Italy and Bohemia has
been to the French their Graves, alike is our West Indies to

255

us the British, all Quiet in Europe. Hemp and Flax is
hoped from America to hang up our Rogues here who swam,
the direful EiFeets of war.

(Copy)

FREDERICK LORD BALTIMORE TO GOVERNOR
HORATIO SHARPE.

[Licenses. College.]

London Feb^ T'."^ 1765
Sir,

As the Welfare Prosperity and Due Administration of my
Province of Maryland are always uppermost in my thoughts,
the Proceedings of the two Houses of Assembly, (alike the
Constitutional Guardians of the Rights of the Proprietor and
People) are the source from whence I at all times derive and
promise myself the greatest Satisfaction. What then must
have been my Dissappointment, in seeing both Houses alike
diverted, tho' from diiferent Causes and Motives, from the
true objects of their Deliberation and Attention ; the one by
a Spirit of Innovation, making repeated Attacks upon my
Rights and Prerogatives ; the other, by an Upright Zeal and
Integrity, in defending me against avowed Encroachments,
tho' Coloured with the most Plausible pretences. The true
business of Legislation in the meantime stands still, and my
Poor Tenants, as the Lower House very Justly observe, are
burthened with expences, productive of no good to the Pro-
vince, whilst a Spirit of Animosity and Resentment diffuses
itself everywhere, and amongst all Orders of Men. The
Affair of my Ordinary Licences &c is what I principally

256

allude to, aud shall now explain myself upon. The Privi-
ledge of Granting and Regulating them is the very Essence of
my Prerogative, and such as every Lawyer in this Kingdom
agrees I can never be divested of without my own Consent,
which I shall most certainly never give. But the Lower
House will say the Lord may Licence (tho' I think of late
they have held a contrary Language) & we will appropriate.
This the Upper House have denyed with equal zeal and force
of Argument. I will not enter into the reasonings on either
side ; but when Concessions obtained from Generosity and
Disinterestedness in the times of General War and Publick
Calamities shall only lay a foundation to Claims by a Body
of Men (who Constituting only one Branch of the Legislature,
would assume to themselfs the Priviledges of the whole,) for
further Concessions, when the same necessity's no longer exist,
it is time for the Proprietor to look to himself. I am shure
the Assembly cannot Licence an Individual of their own
Authority, nor can they Dictate to me who I shall Licence,
or whether T shall ever Grant a single Licence. Equally
certain am I that the Regulation of Licences when Granted is
as much out of their Province. But the Incidental Emolu-
ments arising from the Licences, aud not the Empty honor
of Granting them, is the Object. Will they Deny that my
Ancestors have at times recieved these Emoluments more or
less? Will they Plead an uninterrupted Usage in the
Assembly to apply them at pleasure without regard to the
Proprietor? If the Claims of the Proprietor & Assembly
have prevailed at different Periods, & neither Party can
prescribe an uniform Usage in their favour, Are not such
Claims to be decided in the Ordinary Methods by Mutual
Concessions? Have they ever proposed to split and Divide
the Bone of Contention? And, if they will not make me

257

advances, how cau they expect any from me to them? The
Upper House have founded my Claim upon Just Principles,
that the Support of Government lyes upon me. But, say the
Lower House, We Pay the Judges and not his Lordship.
Let them be in earnest, and I will heartily Join Issue with
them. Let a Bill be framed to appropriate even the whole
of this Revenue (I had almost said) for the better Establishing
& securing the Independency of the Judges, & for rendring
the Office Worthy of the Acceptance of Men of the greatest
Abilitys & Integritys in the Province, and they shall not want
my concurrence. In this Tract they can scarce go greater
lengths than I will wish to follow them. But I will be con-
sistent with myself; I will still Insist upon my rights till
I see proper Occasions to suspend them, and when those
Occasions cease, I will again resume them. The Lower
House will not seriously contend that their College Bill was
of a Frame and Composition to induce a reluctant consent.
But I will not Descend even to Criticise upon the Bill ; it is
a Compliment it does not deserve at my hands ; the matter
has unawares carried me into a Length I never intended, as
this Letter was only Designed to Introduce to you an In-
struction restraining your Assent to any Bill respecting my
Licences without a suspending Clause. It is the result of the
best opinions here, it will shorten and Cutt off all Disputes
between the Two Houses. The Lower House will have an
Opportunity of dispatching their ordinary Business without
protracting their Session unnecessarily, or burthening my
Tenants with unreasonable expences ; The Upper House will
be deliver'd from dissagreeable and unfruitful Altercations,
and will avoid all the Imputations of Designing men. The
Suspence being my Act will Transfer the Odium (if any)
from you & the Council to myself; but in so doing My
33

258

Rights will be so far preserved, that my own Consent must
precede the Abolition of them. If any Assembly and I shall
still have the Misfortune to differ in Opinion, It is for our
mutual happiness that the Decision will then devolve upon
his Majesty and his Ministers, where I shall be always ready
to Submit my Rights. In the mean time no Inconvenience
can result to my Province from the Postponing of a Bill for
Endowing a College, M^iich was first thought of (when no
other plausible Application occurred) in the second Century
after my Grant, as a Popular & Subsisting Pretence, for con-
tinuing a Claim which the Restoration of Peace and Tran-
quility had left no longer a Pretence for. I mention this Bill
as being the last attempt I have heard of, and what I expect
again to hear of, tho by the Zeal and Activity of the Upper
House Defeated or laid aside for the time.

I am
Sir
Your assured Friend &c
Copy F Baltimoee

Post. I thank you for your rectitude of Conduct to Me and
your endeavours of service to me and my Province

To his Excell^ Governor Sharpe Esq! L! Gov' in Maryland,
America.

259

SECRETARY CALVERT TO GOVERNOR
SHARPE. (DRAFT.)

[Stamp Tax. Violation of Charter.]

Feb? 26*?' 1765
Sir

The 16','' of Janr & 9"' of febr last, I wrote you fully on
affairs, and inclosed you Lord Baltimore's Inst"/ and Let?
concerning his Guidance to you, I don't expect according to
the acrimonius temper infused by party and ill designing Men
provincial Politics will subside and harmony prevail. The
Levity of the sons and Party of those who were in the late
Lord's Rule of Goverm* still swiming on the Surface of Power
cause disputes and differences. The same Levity presides
here, but dwindled insignificant in this Sessions. De corpore
Politico. I have lately rec? y ? the 1 5*^ of Dec!" as to the Elec-
tion of representatives ; heat has always been, and mistaken
principles are too predominat to expect a happy choice in
Maryland than is in the other Colonies. Their whimses has
brought on them the Lex Parlamenti Last year, and this
year the American Stamp Duty is passed the Comons by a
Large Majority. Some American Agents offered memorials ;
a member read one from Virginia : it said was moderate. He
did not deliver it to be lay'd on the Table of the House, for
other Memorials were composed of inflamative texture that
the House seem'd to carry resentment against the Doctrines
and Arguments offered to be advanced ; therefore with resolu-
tion rejected. The clause in our charter ag! Taxation was read
by the Grand Financer ; he observed the clause could be of
no availment ag' the Soveraignity of Parliament, the Province

260

being imder the Jurisdiction of Allegiance to the King as
others were, and whose protection it rested upon. Says he,
Acts of Parliament since Charles the second effects it and no
Doubt, he did suppose no doctrine could be advanced under
any colour to the contrary ; if not why a Duty w^ had been
Long subsisting on its Staple of Tobacco. I had taken pains
to admonish some of the Chief Rank of Speakers of the
Validity of that Clause, but my endeavours proved fruitless.
On the vacancy of Commissar Gen! inclosed is his Lordl^
Instruction to fill up that vacancy with M?" Charles Golds-
borough, His Lord? rests of no doubt of his compliance to
me as usual. I make no doubt but as yet have not heard
from him. By the same Instruction is included your request
on Behalf of M!' Hooper to be of the Council. My Lord is
well pleased with the Appointments. Ml' George Stuart is
not fairly dealt with by Loss of his Election at Annapolis.
The crudity of matters you must keep a watchful Eye upon
by transmission by Authority to Bar ag*. M!' Franklyn stirs
not as yet, he lays Quiet. May all Felicity attend you. with

all Esteem

Y? truly

C C

Pos' the Executive part of the Goverm* of the Isle of Man
is by the parliam' perchased of the Duke of Athol for 75000
Land 2000 p'' Ann : on the Irish Establishm' during his
Graces and his Dutchess Lives. This done to prevent smug-
ling to Great Britain and to and from her Colonies.

To Gov' Sharpe

261

BENEDICT CALVERT TO SECRETARY
CALVERT.

[Stamp Act. Personal matters.]

Dear Sir

Your kind Letter of the 16"' of Jan7 I Receiv'd a few
Days ago and am very sorry that you have been put to so
much trouble in abolishing an OiSce that was so apparently
a hurt to Trade. As for a riding Surveyor I have no ob-
jection in case they think it necessary ; but if the person they
appoint is of no greater use then the Surveyors they have
here allready it will answer no End. We are a good deal
allarm'd at the stamp Act, & I can't immagine where the
different provinces will find the money to pay the Duty ; I
am certain we have not enough in Maryland to pay one years
Tax. I have never yet heard how the Parliament got over
My Lords Charter and why the ministry would suflPer the
prerogative of the Crown to be broke in upon. For the
Kings Charters will be of little use when the Parliament will
take away those privileges which His Majesty or his An-
cestors has thought proper to grant as an Incouragement for
the setling of a young Country. That our Mother Country
is poor I firmly believe, and the distresses of the Colonies are
such, that, I am sorry to say it, they are not able to relieve
her. Our Trade is ruin'd, we are immensly in Debt, and not
the least probability of our geting clear. Our goals are not
half large enough to hold the Debtors, Upon every Road
you ride you meet people going from different parts of the
province to get out of the way of their Creditors, I can
venture to say that the people of America were never in

262

such a distrest situation as they are at present. It gives me
great concern that the Americans should be so imprudent
as to give threats, as it can answer no End, but to Irritate the
Parliament against us. As for my Affair with My Lord its
very hard that he will not give me any satisfaction for my
Right. I have now Eight Children and very probably shall
have many more, such an Addition as the Manor would be
considerable towards their future wellfare, and its very certain
my fortune is such that I am not able to contend with his
Lordship, as the Expences of a Law Sute would be more than
I could well spare without throwing my family into the
greatest distresses. I can't at present go to England as I
have not got leave from the Commissioners of the Customs.
I wrote to M! Bacon some time ago and he promised to get
me leave. I hope it will not be thought intruding upon your
good nature in desiring when ever opportunity offers you will
still continue your good Offices to me in recommending me to
his Lordships favour, and I cant help flattering myself from
his Lordships generosity & good nature when he comes to
consider the largeness of my family but he will make it up to
me. He has Two Manors in Frederick County at present
but of little Value to him. If he would give me a grant of
them I should be thankfull as I have three Boys it would be
something for them, the youngest of which I have taken the
Liberty to call after you. It would give me 'the greatest
pleasure to have an Opportunity to pay my Compliments to
you in person ; but as I have not leave from the Custom
house and the uncertainty of being able to do any thing
for my family by going, I dispair of being able to Effect
what your superior Interest can't do ; so that I must defer
seeing you for the present till their is a greater probability
of success.

263

As I am affraid I have wore out your patience with the
Length of ray Letter shall conclude with beging the continu-
ance of your friendship and to assure you that I shall allways
have a greatfull Remembrance of the many many favours
received at your hands & with the greatest respect I am

Dear Sir
Your Most Obliged & Very Humble Serv*
BenedT Calvert.
Maryland Mount Airy
June 24'.'^ 1765.

v\ A V

DATE DUE

' The Calvert papers.

! Lee, John Wesley Murray. 1848-1896 CMDC

ST. MARY'S COLLEGE OF MAflYUND LIBRARY

lllllilllllllll

3 3127 00082 7644

KARYLAND 1708

P The Calvert papers.

.028

V.2

C.2

DATE DUE

(i-Ji?^-

L-

l^/f^f,

£^m

W^'

Library of St. Mary's College of Maryland

St. Mary's City, Maryland 20686

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Texts

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "The Calvert papers"

See other formats